Repetitive Stress Injuries for Office Workers
Repetitive and stress motion injuries are very common workplace injuries in Massachusetts. Many workers think these injuries are just part of the job and that nothing can be done. However, in many cases, injured workers may be able to get compensation to help cover the damages caused by their injuries.
Since getting workers’ compensation benefits can be difficult, many injured workers choose to work with an experienced Massachusetts workers’ compensation lawyer who can help them gather strong evidence and secure maximum compensation.
What are repetitive stress injuries?
Repetitive stress injuries develop slowly over time when you use the same body parts again and again. These claims are different from most workers’ comp claims, which usually involve a single injury that happens all at once.
Insurance companies may deny a claim by saying the injury existed before the job. In Massachusetts, however, you may still get benefits if your work made the condition worse or caused it to last longer. You must show that your work was a contributing cause of the injury or need for treatment.
How do repetitive stress injuries happen?
Repetitive stress injuries can cause serious damage to your muscles and nerves. They can make it hard to do your job and may even force you to change careers. These injuries often affect the hands, arms, shoulders, and spine, leading to problems like carpal tunnel syndrome, elbow or shoulder pain, and muscle weakness. The most common causes of repetitive stress injuries include:
- Using a computer too much without appropriate ergonomic support
- Sitting or standing for long periods of time
If your job involves performing the same tasks over and over, you may be at risk for repetitive stress injuries. These injuries can worsen over time if left untreated. That’s why it is important to take action as soon as you suspect your injury is related to your work.
Does an RSI make me eligible for workers’ compensation in Massachusetts?
The workers’ compensation system helps injured workers get medical care and return to work without having to file a long and costly lawsuit. It is a no-fault system, which means the worker does not have to prove that the employer did anything wrong to cause the injury.
In Massachusetts, you may be able to get workers’ compensation benefits if your job causes a repetitive stress injury. These benefits can help pay for your medical care and treatment. You may also receive weekly payments to help replace lost wages while you cannot work. In many cases, this is about 60% of your average pay, though the amount can vary depending on the type and length of your disability.
How can I prove an RSI in a workers’ comp claim?
If your job caused a repetitive strain injury, you may be able to get workers’ compensation to help pay for medical bills and lost wages. To qualify, you must show that your work duties caused the injury or made an existing condition worse.
To help prove a repetitive strain injury for workers’ compensation, you should document your injury, see a doctor, report the injury to your employer, and talk to a Massachusetts workers’ compensation lawyer.
As soon as you notice pain that may be a repetitive strain injury, start writing down your work tasks. Note when the pain started and how many hours you spent doing the task that may have caused it. You should also write down any comments from coworkers about how the injury is affecting your ability to do your job.
As soon as you think you have an RSI, see a doctor. Medical records are important for a workers’ comp claim. Tell the doctor when your symptoms started, how they have gotten worse, and what you do at work. You should also ask for a written statement saying your injury is work-related or work-aggravated.
What benefits are available for Massachusetts RSI victims?
Massachusetts workers who suffer a repetitive stress injury from their job may be able to get workers’ compensation benefits. These benefits can help pay for medical care, such as doctor visits, surgery, medication, and physical therapy.
They may also receive wage benefits to help replace lost pay if they cannot work, work fewer hours, or have to take a lower-paying job. These benefits can be temporary for short-term or partial disability, or long-term if the injury keeps them from working any job.
Massachusetts law provides separate one-time payments for permanent loss of function, and for qualifying disfigurement/scarring (face, neck, or hands). These payments are based on specific rules under Massachusetts law.
A worker may also be able to get job training or help finding new work through the Office of Education and Vocational Rehabilitation if their injury prevents them from returning to their old job.
Can I file a third-party claim for a repetitive stress injury?
Most of the time, workers’ compensation is the sole remedy employees have in the event of a workplace injury. Some workers, on the other hand, may also have a separate claim against a third party whose negligence contributed to the injury.
If a third party’s equipment, tools, or workstations caused or worsened a repetitive stress injury, then a third-party claim may be possible.
Separately, if an employer doesn’t provide the necessary ergonomic accommodations for an injury, it could lead to more legal claims in some cases (for instance, under the Americans with Disabilities Act).
RSI cases can be complicated, especially if the mechanism of injury is unclear.
Contact The Law Offices of Gerald J. Noonan
Repetitive strain injuries are a very real concern for a lot of office workers, but knowing your rights can help you deal with them. You might have choices, like filing a workers’ compensation claim or taking other legal steps, to get the help and the money you need.
Our Massachusetts workers’ compensation lawyers at the Law Offices of Gerald J. Noonan help people get the benefits they deserve. Call us today or go online to set up a free consultation if you have an RSI or are worried about safety at work. We are here to help you work toward getting better and making your workplace safer.