Workers’ Compensation for Repetitive Stress Injuries in California
When people think of workplace injuries, they tend to think about sudden, one-time accidents that result in clear and obvious injuries. But a lot of workplace injuries are the result of stress and overwork over time. Months or years of repetitive work can put an enormous amount of strain on the body. Warehouse employees lifting boxes, nurses lifting and transferring patients, or office workers typing all day long can all suffer repetitive stress injuries. When workers’ compensation tries to deny a claim for this type of injury, it may be time to talk to a workers’ compensation attorney.
At Moga Law Firm, we have seen how repetitive stress injuries can devastate a worker’s quality of life, limit their career growth options, and even push them out of their career entirely. That’s why attorney Scot Thomas Moga fights for clients who are facing denied claims, delayed payouts, and pushback from management. Call our workers’ compensation law firm at 909-931-2444 to set up a time to talk about your case now.
What is a Repetitive Stress Injury?
Repetitive stress injuries are seen across different industries, causing abnormal strain to one or more parts of the body. They cause damage to the muscles, tendons, or nerves affected by constant use and repetitive tasks or motions. While changes to your daily routine may help alleviate the symptoms of a repetitive stress injury, workers often find they can’t make meaningful changes if their injuries are the result of their work.
This type of injury is recognized by California under the California Labor Code, which defines it as a cumulative injury caused by repetitive mentally or physically traumatic activities that result in any need for medical treatment.
Common forms of repetitive stress injuries include:
- Carpal tunnel syndrome
- Tendinitis
- Rotator cuff injuries
- Hearing loss from long-term noise exposure
- Knee injuries from prolonged periods of kneeling
- Chronic back strain caused by lifting
Are Repetitive Stress Injuries Covered by California Workers’ Compensation?
Yes. California workers’ compensation covers cumulative trauma injuries if they arise out of and occur in the course of their employment. Work does not have to be the only cause of injury, but it must be a contributing cause.
It’s common for workers’ comp insurance providers to dispute repetitive stress injury claims, which is why workers’ compensation lawyers in California get involved so frequently. Insurers may argue that the injury was caused by aging, the injury was caused by a preexisting condition, or the condition occurred outside of work.
What Employees Have to Prove
For employees to have a valid workers’ compensation claim, they have to prove a few elements of their claim:
- An employment relationship: You have to be able to prove that you were an employee at your company. You may have a claim even if your employer classified you as an independent contractor, as it may be a misclassification.
- A medical diagnosis: Be prepared to show proof of your diagnosis. A medical report should connect the injury to your job duties.
- Causation: The employee must be able to show that their work activities contributed to their injury. This may include descriptions of their daily work tasks, physical movements, and the amount of time spent on specific tasks.
- Date of injury: Per California state law, the date of injury is the day on which the employee knew or should have known that they were injured as a result of their work.
Common Disputes in RSI Claims
Repetitive stress injury claims are often contested by insurers, requiring the involvement of a workers’ compensation attorney. Issues may include:
- If the injury is truly work-related
- If the injury is a result of the employee’s hobbies or activities outside of work
- Other injuries or degenerative conditions that the insurance company can pin the injury on
- Whether or not the employee reported the injury on time
- If the condition qualifies for permanent disability
If there are disputes that cannot be resolved, a Qualified Medical Evaluator or Agreed Medical Evaluator may be needed to determine whether or not the injury was caused by work.
Find Out How a California Workers’ Compensation Lawyer Can Help You
If you have suffered a repetitive stress injury at work, our team is here to help you advocate for the compensation you are owed. We can protect your right to medical treatment and wage replacement benefits. Call our workers’ compensation law firm at 909-931-2444 or reach out online to schedule an appointment.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
