Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
Workers' compensation claims are usually paid after an accident in the workplace. However, some claims are paid as the result of a repetitive stress injury. Since there is no one incident that can pinpoint when the injury occurred, you could have a more difficult time proving that the injury is work-related. If you are planning to file a claim for a repetitive stress injury, here is what you need to know.
Why Is It Difficult Proving Your Case?
Repetitive stress injuries occur after months or years of repeating the same action. For instance, if you repeatedly lifted heavy items or typed documents and suffered a related injury, this would be considered a repetitive stress injury.
The problem with winning a workers' compensation claim due to a repetitive stress injury is that the employer can argue that you cannot definitively prove that the injury resulted from working. For instance, the employer could argue that your back injury is the result of an accident suffered in the home from moving furniture.
How Do You Win Your Case?
Winning your case will not be easy, but it is possible. You have to prove that it is more likely than not that the injury occurred because of the work you do. Your medical records are key in proving this.
Certain injuries, such as carpal tunnel syndrome, have been linked with specific causes. The condition results from compression of the median nerve in your wrist. If you are required to do a great deal of typing throughout the day, pressure is being placed on the nerve continuously. Your doctor can attest that there are few other activities that you could be regularly engaging in that would lead to the development of the condition.
Another way you can help build your case is to obtain a statement from a vocational expert. The expert can help you prove that your job does involved the repetitious actions that led to your injury. For instance, if you work as a stocker in a department store, the expert can provide testimony regarding the amount of lifting of heavy objects that is required.
You can also obtain statements from co-workers who have to do the same work. If they are suffering from the same symptoms, you could argue that it is more than a consequence.
Consult with a workers' compensation attorney in your area to learn other ways that you can prove you are entitled to receive benefits for a repetitious injury. Contact a business, such as Neifert Byrne & Ozga, for more information.
Share1 June 2016
