Long Beach Repetitive Motion Injury Lawyers

Long Beach Repetitive Motion Injury Attorney

When a California worker suffers an injury at work or develops a medical condition from work, they have the right to pursue a workers’ compensation claim to recover their medical expenses and lost income during recovery. When most people think of injuries that would qualify for workers’ compensation benefits, they typically think of acute incidents such as falls, traumatic brain injuries from fallen objects, vehicle accidents while working, and other incidents. However, Californians need to remember that some compensable medical conditions develop over time rather than acutely in response to a specific incident. Repetitive motion injuries and repetitive stress injuries (RSIs) are two examples of these conditions.

If you or a loved one has developed a repetitive motion injury or RSI from work, it’s vital to know your rights regarding the workers’ compensation system and potential for recovery beyond workers’ compensation. The Long Beach repetitive motion injury attorneys at Pratt & Williams can provide comprehensive legal counsel as you navigate the workers’ compensation claim process. We can assist you in gathering the materials you will need to complete the claim process and provide further guidance should you encounter any issues with a repetitive stress injury or repetitive motion injury claim.

What Are Repetitive Stress and Repetitive Motion Injuries?

“Repetitive stress injury” and “repetitive motion injury” are often used interchangeably to describe injuries that result from performing the same actions consistently while working. However, there are some slight differences between the two. Repetitive stress indicates that a specific part of the body experiences a specific type of stress on a repetitive, consistent basis. For example, working in an uncomfortable workplace every day, experiencing very high or very low temperatures during work shifts, or engaging in any other actions that cause repetitive stress to the body can cause repetitive stress injury. Repetitive motion injuries typically develop when an employee performs the same motion for their work. For example, typing, pulling a machinery lever on an assembly line, folding boxes for shipping, and other job duties that involve performing the same motions over and over again can all cause repetitive motion injuries.

For Long Beach, CA workers’ compensation claims, the terms “repetitive stress injury” and “repetitive motion injury” are generally used interchangeably to describe medical complications an employee has developed over time due to the nature of their work. While these injuries may not sound as disruptive as a major acute injury, the reality is that these conditions often carry more significant long-term consequences and can interfere with the employee’s ability to do their current job or even prevent them from working in the future.

Does Workers’ Compensation Insurance Cover Repetitive Stress Injury?

California’s Division of Workers’ Compensation upholds that repetitive stress and repetitive motion injuries acquired from work qualify as compensable medical conditions through the state’s workers’ compensation system. However, claimants who intend to file for Long Beach, CA workers’ compensation for repetitive stress or repetitive motion injuries may find the process more difficult than if they were to file for workers’ compensation after an acute injury, such as a fall or bone fracture acquired at work. The reason for this difficulty is that the employee must prove they acquired the repetitive stress or repetitive motion injury at work by performing their job duties.

How Do You Prove RSI in California?

If you are uncertain about filing your workers’ compensation claim for an RSI because you are unsure how to prove your RSI was acquired at work, your Long Beach RSI lawyer can help. Your attorney will carefully review all your medical records about your RSI and examine the conditions of your workplace. Essentially, to qualify for workers’ compensation for RSI in California, your workers’ compensation attorney must show the extent of the damage and prove that it developed from your performance of your job duties.

One of the difficulties in proving an RSI is that these injuries do not appear as visible on MRI or CT scans. Physicians diagnose RSIs based on a patient’s symptoms, their medical history, and careful physical examination. When you file a CA workers’ compensation claim, you must undergo a medical examination from a workers’ compensation physician approved by your employer’s workers’ compensation insurance carrier. The physician will conduct an examination and report your disability rating to the insurance carrier. This rating is what determines the extent of the benefits you may claim.

What Is a Common Example of a Repetitive Motion Injury in the Workplace?

The most commonly cited repetitive motion injury when it comes to workers’ compensation claims is carpal tunnel syndrome, a medical condition that affects the joints in the hands and wrists. This condition commonly appears among office workers and typists who spend most of their working hours typing and using computers. Due to the overwhelming presence of computing technology in the modern workforce, more people than ever use computers for work every day.

Can I Claim Compensation for Repetitive Strain Injury?

California’s workers’ compensation laws define repetitive stress injuries and repetitive motion injuries as eligible for workers’ comp benefits. As long as the employee can prove they acquired their condition from work, they should have minimal difficulty securing workers’ compensation benefits for these conditions.

Filing for workers’ comp is more complex than many employees realize at first, however. Hiring an experienced Long Beach repetitive motion injury attorney to assist you with this process will make it much easier and minimize the chance of your claim being rejected or challenged on procedural grounds. Additionally, your attorney can ensure that you do not experience any unjust treatment from your employer in response to you filing a legitimate case for compensation benefits.

The Workers’ Compensation Claim Process

Under ideal circumstances, filing a workers’ compensation case claim should be a straightforward experience. Once you discover your RSI or repetitive motion injury, or if your symptoms have worsened to the point that it is difficult or impossible to do your job, you must report the issue to your supervisor. It is vital to understand the importance of timely reporting regarding your workers’ compensation claim. While California state law allows for a one-year statute of limitations on workers’ compensation claims, it is always best to file workers’ compensation claims as early as possible. The longer you delay filing your workers’ compensation claim, the more the California Division of Workers’ Compensation will scrutinize it and look for reasons to challenge your case.

Because RSIs and repetitive motion injuries develop symptoms gradually over time, you should keep track of any symptoms you notice and talk to your doctor about them as soon as you become concerned or as soon as your symptoms begin to interfere with your ability to do your job. Consulting with a Long Beach repetitive motion injury attorney at this stage is a wise choice, too. Your attorney can help you determine the best time to file your claim and assist you in gathering the materials you will need to submit with your claim.

When an employee suffers an injury from a specific accident at work, the incident usually generates an incident report of some kind. It is generally easier for an employee in this situation to point out exactly when, where, and how their injury occurred. For repetitive motion injuries, things usually aren’t so clear. Your attorney can provide valuable guidance in the initial stages of the claim process so that you know the best way to approach your claim. Notifying your employer is just the first step.

Your employer must provide you with your claim forms and other materials necessary for seeking workers’ compensation benefits. It’s important to remember that your employer may not interfere with your case in any way, nor may they take any negative, punitive actions against you for filing your claim. Employers may experience premium increases on their workers’ compensation insurance policies when their employees file for benefits. Unfortunately, employers may mistreat their employees in response to their premium rate increases.

What Is Retaliation?

All injured workers need to understand what “retaliation” means in a legal sense. This word applies to any adverse action taken in response to a legally protected action. Employees in the American workforce have the right to engage in certain protected actions, even those that may cause harm to their employers, as long as they do so in good faith. A few common examples of protected actions that may generate retaliatory actions from employers include filing for workers’ comp benefits, “whistleblowing” to a regulatory agency about safety violations in a workplace, and testifying in court as a witness in a case involving the employer.

Retaliation can take many forms, including employee termination, reducing employee pay, cutting employee hours, transferring the employee to a new workplace, or creating a hostile work environment. Any employer who engages in such behavior faces severe legal repercussions if the employee in question has an experienced attorney on their side. If you need to seek workers’ compensation for an RSI or repetitive motion injury and your employer interferes with the case claim process in any way, or if they engage in clearly retaliatory actions against you in response to your claim, notify your attorney immediately, and they can help you determine the best response to the situation.

How Do Workers’ Compensation Benefits Work?

The workers’ compensation system provides two primary benefits to injured employees: medical expense coverage and repayment of wages lost while the employee recovers from their injury. Typically, the workers’ compensation insurance carrier will cover all medical expenses the employee incurs from their workplace injury. This can include both immediate medical costs like hospital bills and surgery costs and long-term costs for things like physical therapy and other rehabilitative treatments.

When it comes to weekly benefits payments, California generally limits each payment to two-thirds of the employee’s average weekly wages. For example, if an employee earns $900 per week and must file for workers’ comp, they will receive about $600 per week in workers’ compensation benefits if their claim is approved. These benefits last for a maximum of 104 weeks or until the employee reaches “maximum medical improvement,” a term that describes the point at which an injured employee has recovered as much as they possibly can.

The 104-week payment limit can potentially be extended for five years under certain conditions. It is also possible for benefits to adjust to account for the employee working in a different capacity or working limited hours to account for their injury. Many employees who develop repetitive motion injuries must pause the job duties that caused these injuries for their symptoms to improve. Some of these individuals may qualify for alternative work, but there is no guarantee that their alternative work will pay as much as their previous position. When this occurs, partial workers’ compensation benefits can potentially make up the difference.

Although rare in RSI and repetitive motion injury cases, some employees will qualify for permanent workers’ compensation benefits if they sustain a workplace injury that ultimately prevents them from working in the future.

Find Your Attorney Today

It’s natural to feel daunted and uncertain about the workers’ compensation claim process when you suffer from a repetitive motion injury or RSI from work. Do not make the mistake of thinking that just because you were not seriously and acutely injured from an accident at work that you do not qualify for compensation benefits. If you have been experiencing pain and discomfort due to a degenerative condition you developed at work, you have the right to claim workers’ compensation benefits until you recover. A Long Beach repetitive motion injury attorney can be your best asset when it comes to filing for workers’ comp benefits.

The team at Pratt & Williams offers comprehensive and compassionate legal counsel to injured workers in the Long Beach, CA, area. We have extensive experience assisting our clients with complex workers’ compensation claims and can help with your case. If you have developed any RSI or repetitive motion injury from your work, contact Pratt & Williams today to schedule your case evaluation with our team, and we will let you know how we can assist with your claim process.