- February 13, 2024
In some cases, a workplace injury is not the result of a single accident. Rather, it is caused by performing the same movements over and over again for a long time. These are repetitive stress injuries, and they often affect the muscles, ligaments, and joints.
In this article, an Atlanta workers comp lawyer will explain how to prepare your case to win the benefits you deserve. Let us start with a few statistical data to shed light on how widespread these injuries are among US workers.
Nonfatal Occupational Injuries Are on the Rise
The US Bureau of Labor Statistics (BLS) reported a 7.5% increase in nonfatal workplace injuries in 2022 compared to the previous year. Among these injuries, musculoskeletal injuries (including repetitive stress injuries) are among the most common.
The BLS also determined that the industries with the highest rate of musculoskeletal occupational injuries are:
- Health care and social assistance
- Retail trade
- Manufacturing
- Transportation and warehouses.
The most at-risk jobs, calculated based on the average numbers of days away from work per year due to repetitive stress injuries and other injuries to the muscles are:
- Laborers and material movers
- Nursing assistants
- Heavy and tractor trailer truck drivers
- Stock clerks and order fillers
- Maintenance and repair workers.
Most Common Repetitive Stress Injuries Covered by Workers Comp
An experienced Atlanta workers comp attorney knows that there are many types of conditions which can occur due to repetitive movements, affecting various parts of the body. However, the most common types of injuries are:
- Bursitis – inflammation of the bursa sacs in joints
- Carpal tunnel syndrome, which affects the hand and wrist
- Epicondylitis, also known as tennis elbow
- Tendonitis – inflammation of a tendon
- Trigger finger – inflammation of a small tendon in the hand, making it difficult and painful to bend the affected finger.
Proving that the Repetitive Stress Injury Is Work Related
Workers comp claims for repetitive stress injuries are often denied by insurance adjusters, because they are not properly documented. This gives the adjuster the opportunity to say that the worker developed the injury away from work, while doing household chores or practicing active hobbies.
For this reason, it is important to have a clear trail of paperwork and reliable evidence to prove that your job duties caused the injury. Here is what you need to do:
- See a doctor as soon as you experience pain, weakness or reduced range of movement in a body part
- Tell the doctor what kind of work you are performing, detailing the repetitive movements you need to perform
- Notify your employer of your injury, immediately after being diagnosed
- Submit to the independent medical examination ordered by the insurance adjuster
- Bring all the relevant evidence to an experienced workers comp attorney.
Will You Have to Accept a Light Duty Position during Workers Comp for Repetitive Injury?
After your claim is approved, your employer may find a light duty position which you can fill, which does not involve the use of the injured body part. It is important to accept this position and strive to do it to the best of your ability.
In this case, your wage replacement amount paid by workers comp will be two thirds of the difference between your regular wages and the new wages in the light duty position
If you refuse this temporary position, your employer may fire you, as Georgia is an at-will state for employment.
The best decision is to inform your lawyer if you feel that the job is causing you discomfort and hinders your recovery. The attorney will seek a second medical opinion to prove that you should not work while you recover.
Schedule a Free Case Review with an Experienced Atlanta Workers Comp Lawyer!
Proving that a repetitive stress injury was caused by your job is not easy. But an experienced Atlanta workers comp lawyer knows the law and how to use the available evidence in your favor.
Do not forget that you should report your injury to your employer within 30 days after being diagnosed and, once you do so, the workers comp claim process begins. So hurry up and schedule a free case evaluation with a skilled attorney as soon as possible: 470-287-5597!
