You can file for Workers’ Compensation with any work-related injury, whether it came from one acute accident or repetitive use over time. A lot of joint injuries, tendon injuries, and other soft tissue injuries stem from repetitive trauma that happens over months or even years, and proving your claim can be a bit more challenging than with one specific “accident.”
Workers’ Comp claims can be filed as long as the injury is work-related. You do not have to prove that all of the wear and tear you suffered was from work, but rather that the injury comes from the kind of wear and tear suffered from work tasks. From there, medical records and doctors’ reports provide the proof you need to show your injury was work-related.
For a free case evaluation, call Cardamone Law’s Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Does Workers’ Compensation Cover Repetitive Trauma Injuries?
Yes. Workers’ Compensation can pay for any on-the-job injuries that meet these requirements:
Worker Was an Employee
As long as you were an “employee,” and not an “independent contractor,” then you should be covered under Workers’ Compensation. There are narrow exceptions, such as no coverage for federal employees (they use a different system) or coverage for realtors (the Workers’ Comp Act specifically excludes them), but otherwise, most “employees” are covered.
This includes seasonal, part-time, and temporary workers, too.
Injury was Work-Related
The injury should qualify if
- It stems from work-related tasks or
- It stems from work conditions.
In most repetitive use or repetitive stress injury cases, the first category will apply: the injury will be acquired over time because of work tasks, rather than in one specific accident.
Injury is Disabling
If you miss more than 7 days of work because of the injury, you can get wage-loss compensation starting on the 8th day of injury. The first 7 days are also paid if your disability goes on for long enough.
How Do You Prove the Repetitive Stress Injury Exists?
Before you can get compensation for an injury, you need to prove it actually exists. Repetitive trauma injuries are frequently diagnosed through assessments and treatments.
Doctors Exams
Some repetitive stress injuries can be detected through physical examinations. For example, when a doctor manipulates a joint in a certain way or palpates a certain area, the patient may react in a way that tells the doctor a certain injury is present. There may also be specific tests for specific repetitive trauma injuries, such as tests to show carpal tunnel.
Scans and Imaging
Sometimes X-rays, CT scans, or MRIs are also used to diagnose things like tears. These scans can show the physical injury, and interpretation by a qualified radiologist can prove the injury and the extent of the harm.
Ruling Out Other Injuries
Sometimes there may be multiple potential causes, and additional examinations and reports from a doctor can rule out other causes, such as mental causes or temporary conditions that can be resolved more quickly than things like nerve impingement, tears, and strains.
How Do You Prove Repetitive Stress was Work-Related
One of the hardest parts of the case will be proving that your repetitive stress or repetitive trauma injury is actually work-related. If your Bucks County, PA Workers’ Comp lawyers cannot link the injury to work tasks, Workers’ Comp will not pay for it.
Proof of Work Tasks
Evidence of what work tasks you commonly perform will be the starting point of proving that this injury was caused by those work tasks. For example, repetitive actions like typing, pulling levers, and steering vehicles are common causes of certain repetitive stress injuries.
Highlighting that those repetitive stressors are an everyday part of your job links the injuries to your job.
Evidence of When the Injury Became Severe
If the injury occurred over time, it could have been getting worse for years. If the final exposure or event that finally caused it to be serious enough to see a doctor happened at work, that might be enough to show the injury was work-related.
For example, lifting can cause repeat trauma to your lower back. If your back finally “gave out” while lifting at work, that might qualify as an acute accident or injury that literally happened at work, linking the injury to your work.
Doctors’ Reports
Your doctors will also examine the injury and link it back to your work tasks. This is a vital part of proving that your injury was work-related and is an important step in any Workers’ Compensation case.
Many claims are won and lost on the doctors’ reports. For this reason, the defense can also have you examined by their own doctors in what’s called an independent medical exam (IME). The judge may need to decide which report they believe best: your doctor’s report or the IME doctor’s report.
FAQs for Proving Repetitive Trauma Claims through Workers’ Comp in Pennsylvania
Who Decides Workers’ Comp Claims?
At first, your employer and their insurance carrier decide whether to grant benefits or not. If they do, then you can be put on benefits within a couple of weeks without hassle. If they deny you, we can take the case before a Workers’ Comp Judge (WCJ).
WCJs are special judges who only hear Workers’ Comp cases, so they frequently see cases dealing with repetitive stress and understand what evidence is and is not available in these kinds of claims.
Can You Appeal if They Get it Wrong?
Yes. Your employer’s initial denial can be overruled by taking the case before a WCJ. If the WCJ gets it wrong and denies that your injury was work-related, we can appeal to the Workers’ Comp Appeal Board.
If they still get it wrong, we can further appeal to the Pennsylvania Commonwealth Court and potentially to the Pennsylvania Supreme Court.
Call Our Pennsylvania Workers’ Compensation Specialists Today
If you suffered a repetitive trauma injury over time at work, call Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945.
