Proving a Repetitive Stress Injury Is Work-Related

One of the most important things legal counsel could help with during this sort of claim is proving that a repetitive stress injury stemmed entirely from a claimant’s working conditions rather than being caused by any other type of trauma. A lack of evidence conclusively proving that this sort of injury is work-related is a common obstacle that sidetracks claims of this nature.

In addition to pay stubs and other records indicating how long someone has worked in a particular position and what tasks they performed there, it can also be important to incorporate testimony from treating physicians about how an injury likely came about and even testimony from coworkers who performed the same tasks and may have sustained similar long-term injuries. The right tactics for a repetitive stress injury claim are something our lawyers in Bakersfield could go into more detail about during a confidential consultation.

The Adverse Impacts of Repetitive Stress Injuries

Many employees might be tempted to ignore or persevere through repetitive stress injury pain out of a desire not to appear weak or helpless. As our attorneys can explain, that attitude might appear to be honorable, but it can lead to forfeiture of compensation that the law entitles a worker to recover, and it can cause an underlying injury to get worse if it is untreated. 

Consider how repetitive stress injuries can degrade your lifestyle over time:

• Non-stop inflammation from carpal tunnel syndrome will lead to permanent nerve damage, tingling, and numbness that can severely impair your fine hand motor skills
• Scar tissue that builds up in your joints will make you stiff and immobile, leading to a greater risk of falls and broken hips and wrists as you age
• Even a minor injury in a joint or limb increases the risk of re-injury, which is often more serious than the initial injury and can require surgical or other more significant medical intervention
• Chronic pain has been linked to depression and anxiety.

Workers who suffer repetitive stress injuries are often many years into their jobs or careers, and may be near retirement. Their enjoyment of their retirement will be limited if their injuries go untreated. Rather than take that risk, workers should contact an experienced lawyer in Bakersfield who can pursue remedies and compensation to treat repetitive injuries now.

How Workers’ Compensation Benefits Can Help

Employees might continue to work despite repetitive stress injury pain out of concern for the costs and expenses of medical intervention and the prospect of losing wages while recuperating from treatments and therapy. With the help of the right lawyer, that employee might recover:

• Payments for physicians’ and therapists’ services, including diagnostic procedures, prescription medication, and surgery
• Replacement for up to two-thirds of the wages (subject to other limits) that a worker would not earn for lost time due to temporary or permanent disability
• Benefits for permanent impairment or loss of function of a limb or sensory system
• Occupational or vocational rehabilitation therapy to enable the worker to qualify for alternative employment.

None of these benefits are guaranteed, and workers’ comp claims for repetitive stress injuries are more difficult to obtain than benefits for instant injuries like broken bones or contusions. If you sense the onset of any debilitation due to a repetitive stress injury, call our skilled Bakersfield attorney immediately. Your attorney will likely recommend that you promptly report your injury to your employer in order to begin the workers’ comp claim process. 

Further, the repetitive stress injury team at LNN will generally suggest that you keep a daily journal to record your pain and debility levels, schedule an appointment with your physician, and gather your medical records to show a greater likelihood that your injuries are work-related. When you meet with your physicians, inform them that you made an appointment to establish whether your repeated actions at your job are more likely than not the cause of your pain or injury.

The Timing of Payments for Repetitive Stress Injuries

A workers’ comp claim can take up to 18 months or more before a final resolution is achieved. Depending on the available facts and evidence in your situation, an experienced Bakersfield repetitive stress injury attorney may be able to help you to persuade your employer’s workers’ compensation insurer to begin insurance payments as soon as 14 days after you file your claim. In all cases, the sooner you contact a lawyer for help, the quicker you will be able to begin recovering benefits.

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Seek Help from a Bakersfield Repetitive Stress Injury Attorney

Repetitive stress injuries may not be as obvious as a broken bone or a sprained ligament, but they can be both extremely painful and debilitating. Even worse, they can present challenges during workers’ comp claims that few other types of injuries do—challenges which, unfortunately, most workers will struggle to overcome alone.

You do not have to pursue your claim alone, nor do you just have to accept whatever benefits your employer’s insurance provider is initially willing to give you. Call today to learn how our Bakersfield repetitive stress injury lawyers could help you maximize the value of your workers’ comp claim.