When most people think of a workers’ compensation claim, they often assume that the injury must have been suffered as a result of a specific accident or incident. But this is incorrect, as someone who suffered a repetitive strain injury (RSI) is also eligible for workers’ compensation benefits. However, establishing a successful claim for workers’ compensation benefits for an RSI poses unique challenges that an experienced attorney can help you to overcome.
At Kingree Law, we will analyze your claim, explain your options, and help you recover your worker’s compensation benefits for a repetitive stress injury. Luke Kingree is highly-regarded among Wisconsin’s legal community as a leader in securing workers’ compensation benefits for injured workers. He is well-known as a powerful advocate for injured workers and has handled over 1,000 worker’s compensation cases, regularly achieving superior results.
A repetitive stress injury develops gradually over time due to overuse or repeated trauma. Repetitive stress injuries are often painful, can be debilitating, and may lead to missed time from work. Fortunately, these injuries are compensable under Wisconsin worker’s compensation law. An experienced worker’s compensation attorney can help you recover worker’s compensation benefits for a repetitive stress injury.
Some of the most common examples of an RSI include carpal tunnel syndrome, elbow tendon tears, shoulder tendon or cartilage tears, knee wear and tear, and especially back and neck disc herniations.
For example, consider a factory worker whose job is to tighten the same bolt. The worker makes the same motion hundreds of times in an eight hour day, 40 hours per week. Over time, that person’s joints will be negatively impacted by this repetitive strain, which can result in chronic pain.
Another example of an RSI is a factory or assembly line worker, or a construction worker, who needs to repetitively twist and bend their neck or back, or keep their neck and back in a sustained flexion position for a long period of time. Injuries to the neck or back over time can also result from repetitive lifting, pushing/pulling or overhead activities.
These injuries are caused by too many uninterrupted repetitions of a particular motion or activity, unnatural or awkward movements, sustained positioning, repeated overexertion, improper posture, or improper tools/equipment.
Treatment for repetitive strain injury often involves reducing or stopping the motion that causes the symptoms. But for many Wisconsin workers, this is not realistic.
Other treatments for RSI include applying heat and ice to treat the injury, over-the-counter and prescription pain relievers, cortisone injections, and anti-inflammatory medications.
Physical therapy may be recommended to treat an RSI, and in the most severe cases, surgery may be required.
Repetitive stress injuries often cause chronic pain in the muscles, nerves, or tendons caused by repeated movements over a period of time. When caused by activities in the workplace, these injuries are compensable under Wisconsin’s worker's compensation laws. However, recovering worker’s compensation benefits for an RSI poses unique challenges.
One difficulty in establishing liability for an RSI is identifying the date of the worker's injury and the employer who is liable. Answering these questions is even more challenging when a worker has had multiple employers over the course of a career.
Under Wisconsin’s occupational disease statute, the date of injury in an occupational disease or RSI is the date the condition first caused the worker to miss work. It is not the date the worker first noticed symptoms, reported the symptoms or injury to the employer, or the date of first treatment. It is always the first date of missed work or lost wages. This is unlike many other states’ worker’s compensation laws.
If the disability occurred after the worker ceased all employment that contributed to the injury, the date of injury is the last day of employment with the employer who last contributed to the occupational disease. If a person worked for three different companies and all three contributed to the worker’s injuries, that person can file a worker’s compensation claim against the last employer who contributed to their injuries. The date of injury would be identified as the last day of employment with the final employer.
If more than 12 years have passed since the worker was exposed to the repetitive work activities, the claim is barred under Wisconsin's statute of limitations. However, the injured worker could file a claim under the Wisconsin Work Injury Supplemental Benefit Fund and could receive the same benefits they would have received if they filed their claim against a private workers’ compensation insurance carrier.
Another challenge in establishing a successful worker's compensation claim for an RSI is proving that the injury is work-related. Proving that an RSI is work-related often requires the presentation of medical evidence, and records maintained by your doctor will be crucial to successfully establish the validity of your claim. You should always inform your doctors that your work activities are causing an aggravation of your symptoms, and ask them to note that in their records. Many times doctors will only write in the records what your condition is, how long it’s been present, and what they are going to do about it. It is critical that they note the “how” and “why,” so you need to be clear about your work activities and that this should be considered a worker’s compensation claim.
Note that there is a difference between your symptoms being worse with work activities or becoming more noticeable with work activities, and the work activities actually causing or permanently aggravating the condition. Worker’s compensation benefits are only recoverable if the work activities are causing or permanently aggravating a condition.
Because of the difficulty in establishing a causal link between your injuries and your employment, it is wise to seek out an experienced worker's compensation attorney who can assist you in preparing and filing your claim.
Repetitive stress injury is a type of occupational disease that is recognized by the Wisconsin Division of Workforce Development (DWD). The DWD defines occupation disease as “chronic physical or mental harm caused by exposure over a period of time to some employment-related substance, condition or activity.” But establishing a successful claim for workers' compensation benefits due to an RSI is not always straightforward.
Attorney Kingree knows the relevant state laws and legal precedents that apply to RSI claims and will prepare a well-documented claim for workers’ compensation benefits that includes comprehensive medical documentation and evidence to establish the causal link between employment and your injuries. Even if your claim was denied, he will work to prepare an appeal to help you recover your benefits.
To learn more about RSI and how Kingree Law can help, visit our FAQ section and our Information Center. Then contact us today to schedule a free, confidential consultation to discuss your situation and how we can help.
With offices in Madison and Eau Claire, Kingree Law proudly represents injured workers throughout Wisconsin.
© 2024 Kingree Law Firm, S.C.
Legal Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm