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Can I Receive Workers’ Compensation for a Repetitive Stress Injury?
An injury that qualifies for workers’ compensation (WC) does not have to be a dramatic event, such as falling off a ladder or getting your hand caught in a machine. Rather, the most common work injuries and the ones that cause the most absences from work are repetitive stress injuries (RSIs), also known as repetitive motion injuries.
What Is a RSI?
RSIs can occur in almost any type of work. They are caused by an accumulation of damage to muscles, tendons, cartilage, and nerves from doing the same motion over and over again. They can also be caused by prolonged pressure on a part of the body and awkward positions. The signs and symptoms of RSIs include pain that can feel like burning, throbbing or aching, stiffness, numbness or tingling and pins-and-needles sensations, weakness, muscle cramps, and swelling of the affected area. The parts of the body most often affected are the wrists and hands, neck and shoulders, and forearms and elbows.
Occupations that make workers more susceptible to RSIs might include:
- Administrative assistants, who do a lot of typing and using a mouse
- Factory and assembly line workers, who do the same task over and over, all day long
- Packing and shipping workers
- Machinists
Some of the more common conditions that are caused by RSIs include carpal tunnel or cubital tunnel syndromes, bursitis, tendonitis, stress fractures, back injuries, and “writer’s cramp.”
How Do I Prove It Is A Result Of My Occupation?
In Florida, there are three criteria to establish your job as the cause of your RSI. They are as follows:
- You were exposed to the condition that caused the RSI for a period of at least two weeks.
- The cumulative effect of the exposure caused the injury or aggravated a pre-existing condition.
- You were exposed to a higher level of trauma than the general public would face.
In some cases, however, it might not be necessary for you to prove the third criteria. It is no longer an absolute requirement, since RSIs are considered to be compensable injuries.
What Should I Do To File A Claim?
Even though RSIs are compensable injuries, there may be instances where you could be denied benefits. For that reason, the first thing you should do is contact an experienced, knowledgeable WC attorney. They will be able to tell you if you do have a claim, and they can walk you through the process step by step.
Next, take action as soon as you get a diagnosis from your doctor. In Florida, you have two years from that date in which to file a claim. If you miss this deadline, you will be unable to pursue a WC claim.
Hopefully, you have seen your own physician, who has documented your complaints. RSIs are often difficult to prove because there are no outward signs or symptoms. If you cut your leg on a piece of metal at a work site, well, that is pretty obvious. But how do you show the pain and tingling and numbness in your fingers?
Don’t be surprised if your employer’s WC insurer arranges for you to be seen by a doctor of their choosing. They won’t just take your doctor’s word for it when it comes to handing out their money. Their consulting physician might put you through tests or exercises to evaluate how those actions affect your symptoms. Be sure to cooperate with the insurer and the physician, keep all appointments, and follow their physician’s instructions.
It is a good idea to keep a diary to document everything – what the doctors tell you, how your work affects your symptoms, and important dates. This might be very helpful down the road if you have to file a suit.
Can I Be Fired If I Can’t Work Due to My Injury?
Florida is an “at-will” state, meaning that employers have the right to terminate your employment for any reason, with a few exceptions. In the case of a WC claim, you could be fired as long as it is not in retaliation for you filing the claim. There are a number of excuses your employer can try to use to justify your termination. This is where you really need a WC attorney who can help fight this battle.
We Are On Your Side
Whether you have questions about workers’ compensation, have been denied worker’s compensation, or you simply want to ensure your workers’ compensation benefits continue into the future, The Leach Firm, P.A. is here to assist you. Our attorneys know just how difficult it can be to obtain the benefits you deserve, especially with a RSI. That’s why we’ve worked throughout Florida to find and achieve the best available resolution for your case.
Call us today at 844-722-7567 or contact us online to get a free case evaluation.