Can I Receive Workers Compensation for Repetitive Stress Injuries?

In the state of Florida if an employee is hurt whilst in their place of work, they may well be entitled to compensation due to the state’s workers compensation law. This law is put into place to protect workers who get injured, and has certain limitations (such as the statute of limitation of two years) and pays 75% of your average weekly wage. This can be a fairly straightforward process depending on the specifics of the situation.

The claim can also become more complex when injuries are created over time, commonly known as repetitive stress injuries (RSI). It may surprise you to know that those who suffer these types of injuries may also able to claim workers’ compensation.

Types of RSI

Common types of RSI include the following:

• Carpal tunnel (this is caused by the nerve being compressed. You may feel pain in your fingers, wrists, and even arms. Muscles will get weakened)
• Tendonitis (caused by repetitive motion, limbs feel tender and there may be a lack of mobility)
• Cubital tunnel syndrome (the stretching of a nerve causing numbness and weakness)
• Degenerative disk conditions (osteoarthritis of the spine in the neck/lower back usually, meaning a loss of cushioning in between the vertebra)
• Back Problems
• Neck problems
• Issues with hearing
• Shoulder injuries (such as rotator cuff damage)

Even though you may be entitled to workers’ compensation for an RSI, these types of cases are as not as straightforward as other claims.  In workers’ compensation claims it needs to be proven that the injury is directly caused by/related to your workplace.  This is easier in claims where there is just one incident, but understandably can be slightly tougher to prove overtime. Without proving the direct correlation between the RSI and the workplace, your employer or insurance company may reject your claim. This is why it’s integral to seek specialist medical treatment immediately. You should also ensure to get experienced legal advice on your situation.

If you are suffering with RSI and are unsure of your rights, come and see the team at Franco Firm for sound and helpful advice.