Some work injuries are caused by acute, one-time accidents. Others are caused by months or even years of repetitive use.
Workers’ Comp claims can be filed for repetitive use injuries like carpal tunnel, tendonitis, strains, sprains, and more. These injuries often make it hard to return to full-time work or require accommodations to your work, which can reduce your wages. These reduced wages should be compensated through Workers’ Comp as well.
For a free case evaluation, call the repetitive use injury lawyers at Cardamone Law at (267) 651-7945 today.
What Repetitive Use Injuries Qualify for Worker’s Comp?
For an injury to be covered under Workers’ Compensation, it must happen
- Within the course of your job duties or because of work conditions
- While you are an employee.
This means that injuries outside of work or for independent contractors might not be covered, but “work-related” injuries are covered, whether they happen all at once or over time.
Repetitive use, repetitive stress, and repetitive strain injuries are all potentially covered, so long as they meet these requirements.
Benefits Paid Through Workers’ Comp for Repetitive Use Injuries
Workers’ Comp pays medical benefits and wage-loss benefits to cover repetitive use injuries. Additional benefits can also issue if your injury is so severe that it essentially causes total lost function in a body part.
Medical Benefits
With Workers’ Comp, all medical care costs to treat the work injury should be paid for. This can cover
- Surgeries
- Physical therapy
- Casts, braces, and other aids
- Rehabilitation
- Acupuncture
- And more.
These treatments can often take quite some time, and Workers’ Comp can pay as the costs come up during the course of your treatment. If you plan to settle your case, it is important to review your claim with a Workers’ Comp repetitive use injury attorney to make sure that the settlement contains enough money to cover these ongoing expenses.
Wage-Loss Benefits
If you are totally unable to work, Workers’ Comp should pay you 2/3 of your pre-injury wages, subject to a cap at the statewide average and a floor at half that statewide average or 90% of your pre-injury wages, whichever is lower.
However, many people with injuries like these can return to their jobs – or similar jobs – with modified work tasks, reduced hours, additional time to stretch, or other accommodations. If these reduce your wages, then you can claim 2/3 of the difference in wages as wage-loss benefits.
You do not get wage-loss benefits unless you miss at least 7 days of work because of the injury.
Specific Loss Benefits
If your injury is so severe that it qualifies as total loss of use of the affected body part, it might qualify the same as amputation. This is rare, but it can pay additional benefits for a number of weeks, depending on the injury.
The rate is the same 2/3 of your pre-injury wage, but the cap is 2/3 of the statewide average and the floor is half that average. The length of time these benefits last depends on the affected body part.
How to File a Claim
The type of claim changes how you file:
Lawsuits
When filing a lawsuit, you determine who was at fault, determine what duty they breached to cause your injuries, then file a lawsuit in the Court of Common Pleas for the county where the injury occurred.
From there, we exchange evidence and prepare for trial. This can take over a year in many cases, so the Workers’ Comp claim is likely to resolve first if you file both claims.
Workers’ Comp
With Workers’ Comp, you notify your employer of the injury within 21 days (or up to 120 days) of the accident. They should get back to you, often with a refusal to cover you, within 21 days.
Then you can take the case to a Workers’ Comp Judge by filing a Claim Petition. From there, the case gets assigned to a judge, evidence is collected, depositions take place, and we present the case to the judge for decision.
Any time during the process, you can potentially settle if the employer gives you a good offer and settlement makes sense for your case.
FAQs for Repetitive Use Injuries in Pittsburgh
Can I Sue for Work Injuries?
You cannot typically sue your employer for work-related injuries if you were an employee. However, that does not stop you from suing third parties like customers, drivers, suppliers, or manufacturers of defective products.
What Do I Need to Prove for Workers’ Comp?
In a Work Comp claim, you need to show that you were an employee, and that the accident happened while you were performing work-related tasks or because of work conditions.
To get wage-loss benefits, you also have to show your ability to work is stopped or reduced by this injury, and you must miss at least 7 days of work.
How Long Do I Have to File a Claim?
Your Workers’ Comp claim is barred if you wait more than 120 days to notify your employer of the injury, but notice should typically be given within 21 days.
After your claim is denied, you can file your Claim Petition within 3 years of your initial injury.
Lawsuits typically have to be filed within 2 years of the injury.
How Much is My Claim Worth?
As mentioned, your claim usually involves full coverage for medical bills. This is never actually paid to you, though, unless you settle. Instead, the money goes straight to the provider.
You would only receive benefits for lost wages (if you face reduced wages and miss over 7 days of work) and specific loss (if specific loss applies). We can calculate damages based on your income and ability to work rather than leaving you to trust your employer’s valuation of the case.
When settling, it is vital that your settlement has enough to cover ongoing healthcare expenses or that these continue to be paid separately.
Call Our Workers’ Comp Lawyers for Repetitive Use Injuries in Pittsburgh
Call Cardamone Law at (267) 651-7945 for a free case review with our repetitive use injury attorneys.
