Repetitive motion injuries are part of a class of injuries recognized by workers’ compensation. Otherwise known within federal and state laws as Repetitive Stress Injuries (RSI) are repetitive motion injuries resulting from prolonged exposure to job tasks such as manning construction machinery or computer data-entry, are valid workers’ compensation claims in Florida.
RSIs are commonly sustained from physical pressure on the body in the form of heavy lifting, force, awkward posture, or repetitive motion. Physical degeneration of the body from RSI can result in a long-term, chronic medical condition such as Carpal tunnel syndrome; Cubital tunnel syndrome; Neck and shoulder injuries; Degenerative disks; Tendon it is and Hearing loss. Most RSI complaints are accompanied by an injured employee’s medical record, documenting chronic pain in the form of joint stiffness, muscle swelling, numbness, weakness, and permanent nerve damage. Employees suffering from chronic pain associated an RSI claim can seek workers’ compensation.
Covering Medical Expenses
Workers’ compensation requests for RSI injuries are complex claims. In Florida, RSI cases not normally considered compens able by workers’ compensation may still be a valid claim if meeting a three (3) pronged test that the injury is result of 1) prolonged exposure and repetitive trauma for at least two weeks; 2) aggravation of any pre-existing condition where the effect of exposure has led to injury; and 3) are workplace hazards exceeding OSHA standards. Florida Supreme Court modification RSI rules, refined this test to include injuries exacerbated by non-routine workday activities requiring repeated physical exertion, or trauma. In addition to proving that an injury is resultant from a workplace hazard of repetitious motion related RSI while performing daily tasks, eligible claimants must meet workers’ compensation rules to filing. The exact date of injury to meet eligibility criteria for a claim.
Physical injuries from occupational stressors, such as tasks that are repetitive in nature, are part of a broad classification medical conditions recognized as eligible and compens able claims by workers’ compensation rules. Injured parties seeking compensation for medical expenses and time-off of work, deserve full consideration by an employer. If an employer has failed to refer an employee to a medical provider, qualified in the diagnosis and treatment of their injury sustained on the job, a lawsuit may be the only adequate solution to unexpected expenses. Employees denied eligibility for workers’ compensation in a RSI claim, can still successfully file a claim with the assistance of an attorney.
Filing a RSI Claim in Florida
Rejection of RSI claims by workers’ compensation may withhold appropriate medical treatment and much needed cash flow for physician’s bills and treatment in the process. In some circumstances, an employee is injured on the job and is subsequently fired while waiting for workers’ compensation benefits to cover medical bills and other expenses associated with medical leave. In either of these cases, they have a valid legal claim. An attorney with experience in RSI claims processing can assist an injured employee in securing the workers’ compensation benefits they are rightfully due. Employees filing RSI claims with workers’ compensation in Florida, can consult with a licensed attorney. Sternberg / Forsythe, P.A. is an attorney practice representing clients in workers’ compensation claims.
Additional Reading:
Understanding Repetitive Use Injuries and When You Can Receive Workers’ Compensation Benefits
You Need a Workers’ Comp Attorney, Even If You Are Injured While on the Clock