A repetitive stress injury or RSI is considered one of the most common and frequent types of work injuries. Unfortunately, they are also extremely challenging to recover workers’ compensation benefits for.
Workers’ compensation claims for an RSI can become complicated. This is partly due to the Florida law. Due to the complexities and challenges presented by these situations, many employees don’t even bother to file a claim because they don’t think financial recovery is possible.
However, in the right situation and with experienced legal representation from Sternberg Forsythe, P.A., you can recover monetary compensation for RSIs and other acquired injuries over time.
Was the Injury Sustained While on the Job?
Some people mistakenly believe that RSIs will only develop in office workers. However, any worker can develop this condition. All that must be present is a job that requires the same action to be done again and again.
When this type of situation is present, the muscles involved in the task will begin to degenerate. This can cause numbness, pain, weakness, and, in some cases, long-term nerve damage.
Two of the best-known conditions caused by RSIs include carpal tunnel and cubital tunnel syndrome. However, other issues may develop, too, including hearing loss, degenerative disk disease, and rotator cuff tears.
If you are diagnosed with an RSI, you have the right to apply for workers’ compensation as an employee. In this application, you can present evidence related to your condition. Unfortunately, when it comes to an RSI, the process of recovering this compensation is more challenging. For the condition to be considered “compensable,” the main cause must be caused by a minimum of 50% of at-work tasks or actions. Unfortunately, it’s usually challenging to determine what amount of an RSI condition occurred because of work and how much was caused by other factors.
How Can You Recover Compensation?
If you have been diagnosed with an RSI and believe on-the-job tasks cause it, you should seek medical treatment. The earlier you can get medical treatment, the earlier you will have documentation that helps to establish your condition and where they think it came from. It’s not uncommon for an employer or insurer to contest how your RSI occurred. This is because it can happen from many factors, and it isn’t completely unbelievable that you were injured outside of work. If they can prove or fight this successfully, it means a lighter payday for them.
If you must file a case with the proper authorities, you need to follow the rules set by Florida law. According to the law, there is a “three-prong” test that must be considered when it comes to determining if an RSI is compensable:
- The prolonged exposure to the condition that is allegedly the cause of the injury
- The cumulative effects of the injury or the aggravation of a preexisting condition
- The employee has been exposed to hazards that are greater than what the general public is exposed to
If you have an injury that can meet this criterion, you can receive the deserved amount of compensation.
What if Your Claim for Compensation Is Denied?
If your claim for workers’ compensation is denied for your repetitive stress injury, it’s best to contact our legal team for assistance. We can review the facts of your case and medical documentation to help you appeal this decision.
As mentioned above, proving an RSI occurred at work can be challenging, but it isn’t impossible. If we have the needed evidence, our team will fight aggressively for you to help you recover the benefits you deserve. Some of the benefits we will help you receive include:
- Medical costs related to the injury (past and future)
- Lost wages due to being unable to work because of the injury
- Loss of future earning capacity because of your injury
- Cost of transportation to doctor’s appointments related to the treatment of your injury
Our goal is to help our clients receive the maximum amount of compensation possible for their situation. Workers’ compensation laws in Florida can be confusing and complex, but we are here to help you get what you deserve.
Contact Our Legal Team Today
Are you ready to pursue your workers’ compensation benefits for a repetitive stress injury? If so, you don’t have to fight alone. At Sternberg Forsythe, P.A., we are here to help with your case and ensure you get the benefits you are entitled to. Contact us today to discuss your case or set up a free consultation.