Learn if you qualify for workers’ comp after a repetitive stress injury in Charlotte
and how to prove it’s work-related
Repetitive stress injuries (RSIs) are increasingly recognized as a significant workplace hazard, especially in professions that require repetitive motions or sustained physical tasks.
Fortunately, in Charlotte, North Carolina, workers’ compensation laws aim to protect employees suffering from these injuries by providing medical benefits and financial support through the state’s workers’ compensation system.
However, navigating the workers’ comp process for RSIs can be complex, requiring a clear understanding of eligibility, documentation, and legal procedures. This article will guide you through the essentials of securing workers’ comp for RSIs in North Carolina so you can understand your rights and the steps necessary to obtain fair compensation.
What is a repetitive stress injury?
A repetitive stress injury, also sometimes called a repetitive strain injury or a repetitive motion injury, is an injury to the muscles, tendons, or nerves caused by repetitive motions or sustained awkward postures.
RSIs can affect any part of the body that’s subjected to repetitive activities or awkward positions, but commonly impacted areas include the wrists, hands, elbows, shoulders, neck, and back. Common examples include carpal tunnel syndrome, tendonitis, tennis elbow, arthritis, thoracic outlet syndrome, and trigger finger.
Symptoms can vary depending on which area is affected but often include:
- Pain or tenderness in the affected muscle or joint
- Swelling or inflammation
- Stiffness or limited range of motion
- Numbness or tingling sensations, particularly in the hands or fingers
- Weakness or loss of strength in the affected area
In most cases, RSIs, like other occupational diseases, tend to worsen over time without proper rest and treatment.
How common are repetitive stress injuries at work?
RSIs are among the most common work injuries in the U.S. According to the U.S. Bureau of Labor Statistics (BLS), approximately 255,490 workers suffered injuries related to “overexertion or bodily reaction” (which includes RSIs) in 2020 that required days away from work.
These injuries accounted for about 21.7% of worker injuries that year.
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What jobs can cause RSIs?
While workers in almost any job can be at risk of developing repetitive motion injuries, common high-risk occupations include:
- Assembly line workers. Manufacturing jobs often involve repetitive tasks like grasping, lifting, or assembling objects. These motions can strain muscles, tendons, and nerves in the hands, arms, shoulders, and back.
- Health care workers. Nurses, surgeons, dentists, hygienists, and physical therapists all perform repetitive motions throughout the day. They might be lifting patients, using specific medical instruments, or maintaining awkward postures during procedures, which can lead to RSIs in the wrists, hands, arms, shoulders, and back.
- Coal miners. Mining involves forceful exertions and awkward postures while using mining equipment. This can lead to RSIs in the back, shoulders, and arms.
- Dock workers. Loading and unloading heavy cargo often requires repetitive lifting, pulling, and carrying, putting dock workers at high risk for back and shoulder RSIs.
- Grocery store workers. Cashiers constantly scan items and bag groceries, requiring repetitive hand and wrist movements. Bakery staff might knead dough or perform other repetitive motions with their arms and shoulders, increasing their risk of RSIs in these areas.
- Construction workers. Carpenters, electricians, plumbers, roofers, and flooring installers frequently use hand tools for extended periods and perform forceful exertions. This can lead to RSIs in the wrists, elbows, shoulders, and back. Workers who frequently use vibrating tools are at an especially high risk of vibration white finger, a debilitating condition where the blood vessels and nerves in the fingers are damaged, causing whitening, numbness, tingling, and pain.
- Office workers. Extensive computer use, particularly with poor posture or inadequate ergonomic setups, can lead to RSIs in the wrists, hands, arms, and shoulders. Data entry personnel, programmers, and even writers spending long hours typing are all susceptible.
How long does a repetitive stress injury last?
If you’re dealing with a repetitive stress injury (RSI), how long it takes to heal will depend on its severity and your ability to properly rest the affected area, according to your doctor’s treatment plan.
If it’s mild, you might start feeling better in a few weeks. But if it’s more serious, it could take months or longer to fully recover.
Getting prompt treatment, making changes to how you work, and taking care of your overall health can help speed up your recovery. The most important thing is to address it early on to avoid it becoming a long-term issue.
What Workers’ Compensation Benefits Are Available in North Carolina?
Learn about the different types of workers’ comp benefits injured workers are entitled to after an RSI in North Carolina.
Can RSI cause permanent damage?
Yes, RSI can cause permanent damage in some cases. If left untreated or if repetitive motions continue, the injury can worsen and lead to long-term issues like nerve damage, weakness in the affected area, and chronic pain.
Early intervention and proper treatment are crucial for a full recovery and minimizing the risk of permanent damage.
Does workers’ comp cover repetitive stress injuries?
Yes, in North Carolina, workers’ compensation can cover repetitive stress injuries (RSIs) if you can demonstrate they arose from your employment. This is great news, considering that most businesses with 3 or more employees are required to carry workers’ compensation insurance to provide benefits for their injured workers.
As a worker in the state, it’s important to understand that workers’ compensation is a no-fault system, meaning you don’t need to prove negligence on your employer’s part to get benefits.
However, the key lies in establishing a clear connection between your RSI and the repetitive tasks or working conditions of your job. If you cannot prove that your job duties directly caused the injury, as opposed to activities outside of work or other personal health factors, your employer is likely to deny the claim.
Essential Steps for Filing a Workers’ Comp Claim in NC
Learn what’s required for a successful workers comp claim, including filing deadlines and necessary forms.
How do you prove RSI is work-related?
Depending on your occupation and job duties, establishing a direct link between your job and your injury might be more straightforward, as RSIs are more common in some jobs than others.
To prove that your RSI is work-related, you’ll want to start with comprehensive medical documentation, including a diagnosis from an employer-approved physician that links your injury to specific work activities.
Gathering workplace records like job descriptions, task lists, and ergonomic assessments can provide further evidence. Expert testimony from health care or occupational safety professionals can help clarify the connection between your job and the injury.
Since proving the work-relatedness of an RSI can be complex, it’s essential to consult an attorney experienced in workers’ compensation if your claim is denied. They can help you navigate the workers’ comp process, gather the necessary evidence, and present a compelling case to ensure you receive the compensation you deserve.
Suffered a repetitive stress injury at work in Charlotte, NC? Our workers’ compensation attorneys can help!
If you’re struggling with a work-related repetitive stress injury, it’s crucial to have experienced legal support to navigate the complexities of your workers’ compensation claims. With over 85 years of combined experience, the skilled Charlotte work injury attorneys at Wilder Pantazis Law Group have the expertise and dedication to help you secure the compensation you deserve.
We understand the nuances of proving workplace injuries and can guide you through every step of the process.
Contact Wilder Pantazis Law Group today to schedule a free consultation and get the professional representation you need to maximize your compensation during your recovery.
References
Table EH1. Number of nonfatal occupational injuries and illnesses involving days away from work by selected worker and case characteristics and medical treatment facility visits, all U.S., private industry, 2020. (n.d.). www.bls.gov. https://www.bls.gov/web/osh/cd_eh1.htm