Experiencing a repetitive stress injury at work can set you back for days or weeks; however, South Carolina’s laws may open the door for you to request a settlement to help you get by while you heal. A reputable workers’ comp lawyer can help you figure out steps you can take to request these funds. Additionally, the attorney can file important claims documents for you and serve as a buffer between you and your employer and their insurance company.
With two founding attorneys who served on the Workers’ Compensation Commission, Williams & Roche, LLC, is well-suited to help many who are hurt on the job. We have extensive experience requesting and reviewing records and forms you need to support your claim. We welcome the chance to serve as your advocate and guide during this time.
What Is a Repetitive Stress Injury?
As the Occupational Safety and Hazard Association discusses, a repetitive stress injury — also called a musculoskeletal disorder — happens if someone uses the same group of muscles, tissues, or tendons over and over again. For example, someone who types a lot may develop carpal tunnel syndrome, or someone who bends over a lot may get tendonitis. In contrast with other workplace injuries, RSIs occur over time rather than due to a single trauma like a car crash or slip and fall.
Common Types of Repetitive Stress Injuries
As the National Institute of Health explains, people can develop many different types of repetitive motion injuries, including carpal tunnel syndrome, tendonitis, bursitis, trigger finger, and ganglion cysts.
Carpal tunnel syndrome may involve numbness, tingling, and pain in the person’s hands, fingers, and wrists. Some of the possible causes include repeated use of vibrating tools — like a jackhammer or power tools — and being on a computer for hours at a time.
Tendonitis is swelling of the tendons in the joints, such as your knees, elbows, shoulders, feet, or wrists. Improper posture and repeated motions — like constantly bending down to pick up tools or boxes — can place extra strain on your body, resulting in pain and inflammation in your joints.
What Are the Symptoms of RSIs?
Repetitive stress injuries can cause a range of symptoms, depending on how badly you are hurt and where. For example, carpal tunnel syndrome tends to cause incessant pain, numbness, or tingling in your hands, wrists, or fingers. Bursitis — swelling of the cushions in between your joints — may make it difficult and painful for you to use that body part. The Mayo Clinic also explains that the joint may feel stiff or look red and swollen.
If something feels off and is getting in the way of you being able to work, it may be a good idea to see a doctor to find out what is wrong. If you think your job is causing your symptoms, make note of this, notify your doctor during your appointment with them, and consider contacting a workers’ comp attorney for legal help.
Who Is at Risk for a Repetitive Stress Injury at Work?
Many people are at risk of getting a repetitive stress injury at work. Any profession that involves repeated and strenuous motions may cause workers to develop a painful and limiting condition.
For example, factory workers — such as those who work for BMW — may get an RSI from constant use of power tools or the same motions over and over again. Likewise, those in the construction industry may harm themselves over time from using heavy vibrating tools — like a jackhammer. Delivery or warehouse workers may also develop an RSI from lifting, twisting, reaching, and bending repeatedly for work.
What Legal Action Can I Take for My Repetitive Stress Injury?
If you are hurt because of your job conditions, South Carolina may give you the opportunity to file a claim through your employer’s workers’ compensation insurance policy. Under this system, you can request much-needed benefits — such as payment for your related healthcare costs and docked pay — to help keep you afloat while you recover.
If you qualify, you may receive these benefits without having to prove that your employer made a mistake — such as violating OSHA’s regulations — that injured you. The fact that you are a covered employee and got hurt on the job may be all you need to receive these benefits.
Can I Be Compensated for an RSI?
You may be eligible for workers’ comp for a repetitive stress injury if your job caused or heavily contributed to your condition. To qualify, you may have to prove that you are a covered employee under your employer’s workers’ comp insurance policy. You may be eligible if you are a regular employee — rather than an independent contractor. Even people who are working illegally — such as minors — may be covered under a policy.
Another requirement you need to meet to qualify for benefits is showing that your condition is related to work. In other words, you need to be able to point to activities — such as using power tools or doing repeated strenuous tasks — that injured you over time.
Proving Work-Related RSI in Workers’ Compensation Claims
There are a couple of steps you can take to prove that you qualify for a settlement because of a repetitive stress injury at work. When you talk to doctors about your condition, make sure to tell them what you do for a living and what kind of impact it has on your body. For example, if you regularly use high-impact tools like a jackhammer, this is important information for your doctor to know about. Likewise, you can find evidence — like medical research — that shows a link between what you do for work and the injuries you are experiencing.
Finding the Best Lawyer To Represent Your Repetitive Stress Injury Case
For many, navigating the red tape involved in requesting compensation for a repetitive stress injury can feel overwhelming and discouraging. They might run into resistance from their employer or the insurance company or be unsure about what they need to file and when. At the same time, they may be left to manage their daily obligations and the many limitations they may have because of their condition. If you are in this position, you may find relief in working with a seasoned advocate with the knowledge to help you.
Williams & Roche, LLC, has over 50 years of combined experience fighting for those who are hurt at work and need help securing the benefits they are owed under the law. We understand what a confusing and frustrating time this might feel like for you, and we are here to listen to your story and develop an effective case strategy to help you move forward. Contact our team today by calling 803.784.0503 to set up an initial consultation to discuss your legal needs.
