Repetitive Stress Injuries At Work
In certain types of jobs, repetitive stress injuries (RSIs) are a clear and present threat. Any type of work where one or two motions are repeated constantly can lead to wear and tear on muscles, tendons and ligaments that can be very painful; however, having your RSI covered by workers’ compensation can be very difficult, because Florida law draws specific standards to show injury that an RSI sometimes cannot meet. Having an experienced attorney on your case can help improve the odds.
RSIs Cause Serious Problems
An RSI is a condition where injuries develop over time due to repeating the same motion or series of motions. The most common RSI is probably carpal tunnel syndrome, but there are many others that can make themselves known at any given moment, such as degenerative disk issues in the back, cubital tunnel syndrome, tendonitis, hearing loss, and additional conditions that might affect one’s ability to do their job.
Repeated motion wears down human tissue, causing pain but also potentially causing long-term tendon and nerve damage, depending on the nature of your injury. Some RSIs do respond well to short-term treatment at home, such as splinting, but others may need long-term care, which can be a serious problem if you need to use that area of your body in order to do your job. If you need to file for workers’ compensation, you should be able to do so, but it may not be granted right away.
How Much Is Work Related?
You are able to file workers’ compensation for any injury that you sustain on the job, but when your injury comes slowly over time, being compensated can be much more difficult than if it were an acute injury that happened all at once. The reason is that with a RSI, it can be difficult to determine how much of the harm you suffered was related to performance of your job duties – for example, you could have sustained your tendonitis playing tennis on the weekend, as opposed to lifting boxes at work.
The law requires that your “accidental compensable injury” be the major contributing cause of any resulting injuries. For an injury to be the major contributing cause, it must have been responsible for at least 50 percent of the harm you suffered – though with a repetitive injury, it can be difficult to establish a fixed percentage of pain that can be attributed to on-the-job activity. Seeking out a knowledgeable attorney to help represent you may help to ease that process.
Call An Orlando Workers’ Compensation Attorney
It can be difficult to make sure that your case gets a fair hearing when your injury is not the most common type that one might suffer at work. The Orlando workers’ compensation attorneys at the Hornsby Law Group can make sure that your case is heard fairly and your rights protected. Contact our office today to schedule a consultation.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html
clevelandclinic.org/health/diseases/17424-repetitive-stress-injury