Workers’ compensation covers the major injuries, such as the falls and fractures, concussions, cuts, and burns.
It’s not just for obvious injuries, but also for those that occur over time as your body is seated or standing in a particular position. You can also get injured by performing the same motion repeatedly. These injuries are called RSIs, or repetitive stress injuries. Although they are less severe than an accident, they still can cause a lot of pain and strain. They can also affect your quality of living. You know what we mean if you’ve ever suffered one of these injuries.
(pressfoto/Freepik)
How common are these injuries?
According to the National Safety Council, RSIs account for 22 nonfatal injuries or illnesses that result in days off work. RSIs represent the second-most common nonfatal injury or illness among workers. They are only behind exposure to harmful chemicals or environments.
How difficult is it to get workers’ compensation to cover RSIs.
Compensation can be easier for large work-related injuries (such as falls and slips, broken bones etc.). This is because the injury that led to your health issues has a direct link with the incident that caused it.
But RSIs are sometimes harder to prove. They’re also not as obvious as a fractured bone or a bleeding wound. The carpal tunnel syndrome you have may not be so obvious.
Your insurance company may also try to blur the line between your RSI and your job. They may, for example, try to prove that carpal-tunnel syndrome is caused by a preexisting injury, such as a dislocated hand, or another contributor, like diabetes or thyroid issues, which both can increase the risk of carpal-tunnel syndrome.
It doesn’t matter that these injuries are more difficult to prove. You should be prepared for a longer and more difficult fight with the insurer, one that may require additional documentation, proof, and knowledge of worker’s comp law. A Las Vegas job injury attorney can help you build a solid, evidence-based argument that shows that it’s at least equally likely that your RSI was caused by your work.
What are the most common RSIs? (And how can I tell if I am developing them)
Here’s a quick anatomy tutorial for the body tissues we will be referring to in the rest of this article.
Tendon: fibrous band of tissue connecting your muscle to your bones
Ligament– fibrous band of tissue connecting two or more bone together at a join, preventing your joint from sliding and slipping around.
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Carpal Tunnel Syndrome
This is the most common type of RSI. The carpal canal is a narrow passageway that connects the wrist and palm of the hands. The carpal tunnel is made up of tendons, bones, and ligaments. This tunnel is where the median nerve passes.The median nerve provides sensation to the thumb, index, middle, and thumb side of ring fingers. Carpal tunnel syndrome can be caused by pressure on the medial nerve. The pressure may be caused by a fractured wrist or swelling or inflammation of the tendons or ligaments.
Symptoms Numbness or tingling in the fingers or hand (though not usually in the little finger), that travels up the arm. Also, it is difficult to make a fist and hold objects.
Triggers in the workplace: Working on an assembly line or with vibrating tools can trigger carpal syndrome. Carpal tunnel syndrome has been linked with computer work.
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Tennis Elbow
Tennis elbow is caused by overuse of the muscles and tendons at the elbow. The elbow is affected when the forearm tendon meets the bony bump outside the elbow.Symptoms Pain on the outside of elbow, which can spread to the wrist and forearm. It may also be difficult to grip an object or turn a doorknob.
Triggers at work: Repetitive movements of the wrist, elbow and arm such as painting, hammering or performing repairs.
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Rotator Cuff Syndrome
The rotator collar is made up of tendons and muscle that surrounds the shoulder joint. It also keeps the arm bone in its socket. When muscles and tendons are irritated, or torn, Rotator Cuff Syndrome develops.Symptoms A dull pain in the shoulder or difficulty reaching behind your back or over your head.
Triggers at work: Painting, operating construction machinery, lifting heavy objects.
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Tendinitis
It occurs when the tendons are inflamed and cause pain outside the joint. Tendinitis may occur anywhere that a tendon attaches to a muscle or bone, including the elbow, wrist or knee.Symptoms Tenderness and mild swelling when the affected joint or limb is touched.
Triggers at work: Repetitive movements in the arms and legs can cause tendinitis. This includes construction work (such a swinging hammer), assembly line work and hair styling, as well as repairs to vehicles or homes.
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Back strains, sprains and sprains
Strains are the most common type of back injury. Strains are caused by twisting, pulling, or torning your back muscles and tendons.A sprain affects the ligaments, which is similar to a strained muscle.
Symptoms Pain worsens with movement, muscle cramps that occur suddenly, and decreased mobility (difficulty standing or walking or bending forward or to the side).
Triggers at work: Lifting or twistingng motions repeatedly, or sitting or standing with poor posture for long periods of time.
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Bursitis
The points where the bones meet can be a source of pain and injury. Bursae are fluid-filled sacs that cushion your joints. These sacs can become inflamed from time to time, usually due to an injury or overuse of the joint. Infections are also a cause.Symptoms Tenderness and swelling in the area of a joint, such as a shoulder, hip or knee.
Triggers at work: Walking, running, repeated leg bending, such as when laying carpet, performing home or machine repairs, and repetitive use of the shoulder or elbow (such as when painting, laying bricks, or blow drying hair).
What should I do if I suspect I have an RSI?
Report it to your manager. In Nevada, as a rule, you must notify your employer in writing within seven days after the injury occurs. This gets a bit murky with RSIs, because they do not develop at will. They often start slowly and fluctuate from one day to the next.
Report early if in doubt. If you are entitled to worker’s compensation benefits, they will begin the day you report the injury.
Your employer will then direct you to a doctor who is contracted by your company. Tell your doctor the details of your injury and how you think your job triggered or worsened it.
Follow your doctor’s advice. Your employer may try to argue that the injury you claim is not as serious as you think or that you aren’t committed to getting better. Attend all appointments and follow all prescribed therapies.
What benefits are available for repetitive strain injuries?
The worker’s compensation will cover your medical expenses from the moment you receive a diagnosis to the point you have been healed or released from treatment by the doctor. If you cannot return to work or return to the same position, temporary disability benefits may be available to cover your lost wages.
You may be eligible for permanent disability if your injury prevents you from working again. You may be eligible for vocational rehabilitation if your injury prevents you from working in your previous job.
What should I do if my employer denies my benefits? Or ask me to return to work before I am ready?
A Las Vegas worker’s comp lawyer can help. A lawyer with experience is a good idea because worker’s comp law can be complex for repetitive strain injuries. They’ll know how to stop the underhanded tactics used by Big Insurance and will provide clear evidence that your injury was work-related. They can also ensure that you receive the compensation and time off you need for recovery. They can also make sure that you don’t face discrimination at work because of your injury.
Need help with your workers’ compensation claim? For a no-obligation consultation, contact our attorneys for work-related injuries near Summerlin or Henderson today.
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