| Workers’ Comp – Repetitive Trauma Injuries
Most people assume a workers’ compensation injury must be from a one-time, traumatic event. This is true for most cases, however, wear and tear on body parts that happen over several years from job specific, repetitive movements may also be covered. For instance, this includes injuries like carpal tunnel syndrome (see our prior post fully describing CPT), knee joint issues or shoulder pain.
Repetitive trauma cases are tougher because the employer, through their insurance company, will typically deny these cases initially. The injured employee must then get the treatment on his or her own, which can include time off work (which is unpaid), out-of-pocket medical expenses, difficulty getting the appropriate referrals for specialists (especially if the employee does not have health insurance) or trouble at work getting the employer to accommodate restrictions not placed by the employer/insurer through work comp. However, if an employee can navigate all these problem areas, it is worth pursuing a repetitive trauma case while employed (or shortly after leaving a job), especially before retirement. This allows the person to get a surgery that will likely reduce pain, increase quality of life and potentially receive a settlement before the employee’s benefits are gone.
The key to repetitive trauma cases is to notify the doctor from the outset that the symptoms are from specific, job-related movements that the employee would otherwise not be exposed to but for the job. For instance, carpal tunnel cases typically arise from gripping/twisting/etc. tools, using power tools (such as a jack hammer, weed eater, drill), or doing the same motion over and over again. Some people develop carpal tunnel from keyboard usage since many jobs now require typing at a computer all day. Over time, these repetitive movements put pressure on the body part, causing numbness and tingling. Most people get help when they start dropping things, which is a sign that carpal tunnel syndrome is already present.
The key to pursuing these cases is to get medical help as soon as possible, along with hiring a workers’ compensation lawyer to help navigate any potential pitfalls. With the doctor, it is important to describe in detail the injury and how the work-related actions caused or contributed to cause the symptoms. Typically, a diagnostic test is done to confirm the injury, such as an EEG for carpal tunnel or an MRI for shoulders/knees. If positive, typically the employee will get surgery to alleviate the symptoms. While not always completely successful, most employees find enough relief that it is worth doing these routine surgeries. Once the employee is discharged, that is where the attorney can bring most of their value because the employer/insurer will deny the claim. The attorney will get a medical opinion from a doctor linking the injury to work-related activity and then defend the case against the employer/insurer’s efforts to deem the injury not work-related. At Rana Law Group, we routinely help employees with these cases and are happy to help out. |
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