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Working continuously for long hours doing the same motions over time can take a toll on the body. It can manifest on the body as repetitive stress injuries. Studies show that repetitive stress injuries have become a prevalent problem for American workers. In 2021, 1.7 million workers had repetitive stress injuries.
Workers can get compensation for repetitive stress injuries through worker's compensation benefits. Larrimer & Larrimer Law Firm in Columbus, Ohio, helps clients seeking compensation to get results. The team of attorneys onboard is skilled and result-oriented to ensure clients navigate all the complexities of worker's compensation claims.
People may schedule a free consultation with a reputed worker compensation attorney from Larrimer & Larrimer Law Firm to help clients get their rightful benefits.
What Is Repetitive Stress Injury?
Repetitive stress injury is a gradual injury that occurs due to repetitive trauma. It doesn’t occur all at once like other work-related injuries. The injury takes a slow and gradual process. It can also be referred to as overuse injuries or Repetitive Trauma Injury.
Regardless of the name, repetitive stress injuries can be extremely painful. There are a variety of overuse injuries; they include;
A construction worker can lift heavy loads throughout the day, which can cause him to have back and neck injuries.
Some overhead work can cause shoulder injuries.
Cashiers can work all day typing, making them susceptible to tunnel an elbow injury.
Working at an office desk for years can cause a back injury.
Many employees suffering from repetitive stress injuries don’t know their rights regarding the Ohio workers' compensation system. Workers suffering some form of compensation must schedule a free consultation with a workers' compensation attorney to learn more about their case and options. Reputed law firms like Larrimer & Larrimer Columbus, Ohio, can help clients claim their rightful owed compensation.
Why Are Most Repetitive Strain Injuries Claims Denied?
Repetitive Stress Injury is just like any other work-related injury, and workers experiencing this ordeal have a right to seek compensation. However, most repetitive stress injury claims usually are turned down because most employers and insurance companies are trying to minimize liabilities.
Therefore, they’ll find some reason to either partially or totally deny a repetitive stress injury claim. Here are some reasons that can limit an employee from getting benefits.
The employer does not have the coverage required by the state.
Being misclassified as independent contractors.
Failure of informing the employer within 45 days of experiencing repetitive strain injuries.
The employer can claim that the employee’s repetitive strain injuries are not work-related.
Ideally, a repetitive stress injury has no accident occurrence, and therefore, the insurance company may downplay the overuse injury as not work-related. Connecting the injury as work-related is a challenge to date. Victims must, therefore, work with the best workers comp lawyer to get the settlement.
Insurance companies may say that the repetitive stress injuries may be emanating from home and other recreational activities to avoid paying the workers' compensation benefits. It’s therefore essential to hire a workers' compensation attorney from Larrimer & Larrimer Law Firm in Columbus, Ohio. The attorneys are in a better place to help clients fight any repetitive strain injury denials.
Eligibility for Repetitive Strain Injury Claims
The carpal tunnel syndrome lawyer has to prove two important things for a repetitive strain injury claim to be accepted. This includes:
Duty of Care
Workers' comp attorneys must prove that their client’s employer failed to exercise the duty of care to his employee by not keeping the employee safe, which is negligence.
Repetitive Strain Injury Is Work-Related
The carpal tunnel syndrome attorneys must also prove that the overuse injury was due to continuous motions from work to get the workers' compensation benefits.
Overall, the two requirements must be met for repetitive motion injuries claims to be accepted. Good examples of an employer demonstrating negligence include;
Working for long hours without breaks.
Providing non-ergonomic chairs and desks that can cause posture issues.
Undertaking repetitive actions over a more extended period.
Working in a poorly organized workstation.
No training whatsoever related to safe work practices.
Evidence to Prove Repetitive Motion Injuries
As stated earlier, repetitive strain injuries don’t occur due to a specific accident. They emanate from repeated motions that will manifest as repetitive trauma over time. Getting evidence for workers' compensation claims is challenging but not impossible.
Carpal tunnel syndrome lawyers will identify signs and symptoms that present themselves due to continuous motion for more extended periods. To successfully prove this, the lawyer will need the following;
Medical Reports
If the employee has some medical records indicating medical treatment for repetitive strain injury, it can help identify and prove that the injuries are work-related. A doctor's diagnoses record will go a long way in proving the claim.
Occupation Health Notes
If the injured workers have some occupational health notes, even if it’s an email advising the injured party to change their working environment. This can be used as evidence when there are no steps to make any changes.
Emails From Employer
The email can be used to prove that the injured party raised concerns about the repetitive strain injury, but the claims fell on deaf ears.
Photos of the Working Environment
Together with the rest of the evidence, carpal tunnel syndrome lawyers can use these photos to show repetitive motion injuries, which can assist in getting workers' compensation benefits.
Injured workers should schedule a free consultation with a trusted workers' compensation attorney to help review their case and see if they are eligible for worker’s compensation. Larimer & Larimer Law Firm has the best team of workers' compensation lawyers who are ready to fight tooth and nail to see their clients get what they truly deserve.
What Is Compensated in Repetitive Motion Injury
After the court sees that the injured employee requires some form of workers' compensation, they’ll then look at the general damages that this injury relates to, plus special damages that claim their costs and expenses. Here are some of the damages that the repetitive motion injury compensation will cover.
Pain and Suffering
All medical expenses
Transport expenses
Lost wages
Cost of assisting devices
To better calculate the workers' compensation, a repetitive motion injury attorney will consider the impact on quality of life and future career prospects. The only way to determine this is by undergoing a medical assessment test, which an independent specialist usually conducts.
This specialist will assess the victim’s repetitive motion injury and highlight how the injured employee is affected by these injuries, and outline any medical notes that the injured employee may need, like physical therapy, among other needs. A doctor's diagnosis will be given out to outline the prognosis.
Who Pays the Injury Compensation in a Repetitive Motion Injury Claim?
The employee of the injured employee usually pays a premium for the employer’s liability insurance. Therefore, in the event of risks, the insurance company is at liberty to pay. Remember that the repetitive motion injury must be accepted for the insurance company issuing the policy to pay up.
During such a time, the injured employee should be cautious not to accept any settlement from the said insurance company because they can trick the victim into settling for an amount that’s less than the employee deserves. It’s, therefore, important to work with reputed workers' compensation attorneys at Larrimer & Larrimer Law Firm to be in the best position to acquire the full compensation amount.
Why Work with an Experienced Workers' Compensation Attorney?
Most cumulative trauma injuries claims are denied, mainly because workers' compensation insurance companies want to make as much profit as possible with minimal liabilities. Therefore, an injured employee with a valid worker compensation claim has to put their best foot forward by working with experienced attorneys. It would also be helpful to be aware of how many categories of work-related injuries are there.
These experts are skilled and understand how the workers' compensation system works. They know where to find loopholes and back the claims to get compensation. Workers' compensation attorneys also understand the attorney-client relationship. Therefore, they never advise a client to file a workers' compensation claim when the evidence shows there's no case there.
They wouldn’t also advise a client to take a settlement that would hurt them in the long run. Larrimer & Larrimer Law Firm has the best workers' compensation attorney team in Columbus, Ohio. Victims can schedule a free consultation with them to know what options an injured employee has. They can also help address other concerns, such as the matter of taking a drug test after an accident at work.
Contact Larrimer & Larrimer Law Firm Today
Seeking compensation can become a slow and tedious process if the victim doesn't have professional assistance. Having an experienced workers comp lawyer in Columbus on board increases the chances of worker compensation claims being accepted. Attorneys at Larrimer & Larrimer Law Firm can swiftly speed up the process.
They help gather evidence to build a claim successfully. The experts also have excellent negotiations skills, which come in handy when agreeing to a settlement with an insurance company. These attorneys have been helping other clients get their compensation for a while now. Their experience and knowledge are worthwhile in any workers' compensation case. Victims can reach out to Larrimer & Larrimer Law Firm in Columbus, Ohio, today for top-notch services.
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