Repetitive Motion Injuries and Workers’ Compensation: A Primer
RMIs usually occur when employees physically do the same thing over and over. As one might expect, these injuries occur in a wide range of industries.
Warehouse workers often bend, kneel, or stretch most or all of the day. Office workers sit and type, often for hours on end, especially if they have tight deadlines to meet. Food processing workers usually stand in one place and do the same thing, normally cutting or pulling, for their entire work shifts.
These repeated physical motions cause these injuries over time. As a result, RMI claims are inherently more complicated than fall or other trauma injury claims. Therefore, these job injury victims must partner with an effective Tampa workers’ compensation lawyer.
What Are Repetitive Motion Injuries?
Workers sustain repetitive motion injuries, sometimes called repetitive stress injuries (RSIs), when a specific body part is subjected to continuous strain without adequate rest. Common examples include:
- Carpal tunnel syndrome,
- Tendonitis,
- Bursitis, and
- Chronic back pain.
As mentioned, unlike acute injuries caused by a single accident, RMIs develop gradually, making them more complex to diagnose and prove in a workers’ compensation claim. Furthermore, the RMI causes (“continuous” strain and “adequate” rest) vary significantly among different individuals.
Pre-existing conditions account for much of this variance. In Florida, if a pre-existing condition contributed to the risk and/or severity of an RMI or other job injury, a Tampa workers’ compensation lawyer can still obtain maximum benefits for victims.
These benefits usually include lost wage replacement for the duration of a temporary or permanent disability, as well as medical expenses reasonably related to the job injury.
Florida Workers’ Compensation Coverage
Nevertheless, pre-existing medical conditions complicate these matters. Florida’s workers’ compensation system provides benefits to employees who suffer job-related injuries or illnesses, including repetitive motion injuries. To qualify, the injury must arise out of and in the course of employment. However, because RMIs develop over time, proving that the injury is work-related can be more challenging than with sudden accidents.
Under Florida law, employees must demonstrate that their repetitive tasks were the major contributing cause of the injury. This proof often requires additional medical documentation, usually an independent medical examination, and in some cases, expert testimony.
Reporting and Filing a Claim
Timely reporting is critical in Florida workers’ compensation cases. Employees must report their injury to their employer within 30 days of becoming aware of the condition and its connection to their job.
Most victims do not run to the doctor’s office at the first sign of an RMI. Therefore, the injury may pre-date the diagnosis by several months. Substantial back pay may be available in such cases.
Initially, RMI victims must see company doctors. However, they have a right to a second opinion and, if necessary, additional treatment.
Challenges in RMI Claims
Causation is one of the biggest hurdles in repetitive motion injury cases. Because symptoms often develop gradually, insurance carriers may argue that daily life activities, such as hobbies or prior injuries, substantially caused the RMI.
Additionally, victims who try to “tough it out” and work through the pain without seeing a doctor significantly weaken their legal claims.
To counter these challenges, employees should document their symptoms, job duties, and any workplace conditions that may contribute to their injury. Early medical attention and strict adherence to prescribed treatments are essential as well.
Reach Out to a Diligent Hillsborough County Attorney
Disability victims need and deserve substantial compensation. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. Virtual, home, and hospital visits are available.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.13.html
