While people often think of workplace accidents as involving a single, traumatic event like a slip and fall or being struck by an object, repetitive motion injuries can be just as debilitating, and workers compensation may be available to help you recover.
If you have a repetitive motion injury caused by tasks performed on the job, you may have a workers comp case in Illinois. Get help from The Kryder Law Group, LLC Accident and Injury Lawyers to negotiate with the insurance company on your behalf to make sure your medical bills are covered and your benefit checks dont unexpectedly stop coming in.
If youve been injured on the job, contact The Kryder Law Group, LLC today for a free consultation. Well help you understand your legal rights and options, and help you to get the compensation you deserve.
In this Article
What Is and Is Not a Case?
Unlike other personal injury cases, you do not need to prove negligence to recover against your employer. To recover for a repetitive motion injury against your employer, you must show that your injury arose out of and occurred in the scope of your employment. Put simply, ask yourself: was your injury work related? If the answer is yes, you may have a case.
Examples of a Valid Workers Comp Repetitive Motion Injury Claim
Examples where you have a case for repetitive motion injuries include:
Injuries from replication tasks such as working on an assembly line, meatpacking, sewing, and boxing.
Injuries from lifting or moving products and materials that can cause a repetitive strain. Even seemingly light loads can result in repetitive motion injuries.
Injuries from performing cleaning tasks with repetitive movements such as mopping, scrubbing, and shining.
Injuries from data entry and typing without sufficient breaks.
Injuries caused by the use of power tools, including drills and saws that require repetitive tasks.
Examples When a Repetitive Stress Injury Is NOT a Valid Workers Comp Claim
Examples where you do not have a workers comp case for repetitive motion injuries include:
Injuries from playing a musical instrument or sports. These are not work-related and would not be covered under workers compensation.
Injuries during your commute to and from work. These are not work-related and would not be covered under Illinois workers compensation.
Self-inflicted injuries. These are not job-related and would not be covered under workers compensation.
Injuries at the workplace that were outside of work hours and for your personal benefit.
Injuries from committing a crime or starting a physical altercation.
Violation of company policy. If you are injured while violating company policy, you may not have a valid workers compensation claim.
Common Workplace Repetitive Motion Injuries
Repetitive motions injuries primarily affect tendons and joints. Some common repetitive motion injuries include:
Carpal tunnel syndrome and tendonitis: injury to the nerves and tendons in your wrist
Trigger finger: inflammation of the tendons in your fingers
Tennis elbow: pain on the outside of your elbow due to ligament damage to the tissue connecting your arm muscle to your bone
Rotator cuff: damage to the cartilage and tendons in your shoulder
Back injuries such as disc herniations and muscles strains
To make a claim for any of these injuries, youll need to prove that your job duties were a significant contributing factor to the development of your condition. An experienced workers compensation attorney can help you gather the evidence you need to make your case.
Common Causes of Workplace Repetitive Strain Injuries
Repetitive strain injuries are caused by performing the same motions over and over again. Some common causes of repetitive strain injuries include:
Using Power Tools Such as Drills and Saws
This type labor can result in work related injuries including carpal tunnel syndrome, trigger finger, rotator cuff injuries, carpal tunnel syndrome, and tendonitis.
Assembling Products on an Assembly Line
This type of work can result in injuries including carpal tunnel syndrome, trigger finger, and tendonitis.
Lifting or Moving Heavy Products and Materials
This type of activity can result in injuries including back strains, a rotator cuff injury, and disc herniations which may make a worker eligible for workers compensation benefits.
Cleaning Tasks Such as Mopping and Scrubbing
These tasks can result in injuries including back strains and tendonitis.
Data Entry and Typing
This type of office work can result in injuries including carpal tunnel syndrome and tendonitis if workers perform the tasks in awkward positions without proper ergonomics to prevent repetitive strain injuries.
How to Find Out If You Have a Case
If you have suffered any of these injuries at work, you may be eligible for workers compensation benefits. Contact an experienced workers compensation attorney to learn more about how to file a claim and protect your rights.
Types of Workers at Risk for Repetitive Strain Injuries
Some occupations put workers at greater risk for repetitive strain injuries. These types of workers include:
Factory workers - work related injuries caused by repetitive movements are common in factory settings and can include carpal tunnel syndrome or back strain
Office workers - data entry and typing can lead to repetitive strain injuries such as carpal tunnel syndrome and tendonitis
Construction workers - using power tools and lifting heavy materials can lead to a variety of injuries including carpal tunnel syndrome, trigger finger, rotator cuff injuries, back strains, and disc herniations
Healthcare workers or nursing aides - tasks such as lifting patients can lead to back strains and other injuries
Janitors and housekeepers - tasks such as mopping and scrubbing can lead to repetitive strain injuries including tendonitis
If you work in one of these occupations, its important to be aware of the risks of repetitive strain injuries. If you develop an injury, dont hesitate to contact an experienced workers compensation attorney to learn more about your rights and how to file a claim.
How Much Is My Repetitive Motion Injury Worth?
Repetitive motion injury victims are entitled to damages from their employer under the Illinois Workers Compensation Act. Under this Act, workers are entitled to compensation for the following:
A fixed percentage of your lost wages while you were out of work;
A fixed percentage of any future lost wages if you are considered disabled;
Medical bills for treatment, including surgeries, rehabilitation, and therapy related to your injuries
In some instances, permanent disfigurement and job training to find new employment
For repetitive motion cases, employers and their insurance companies often argue that the injuries were not work related and were instead caused by age-related tissue degeneration or by some cause outside of work. They may claim that hobbies, household tasks, or accidents outside of work caused your injuries. So, the likelihood of proving the case may also be a factor in determining case value.
How to Maximize the Value of Your Claim
To maximize the value of your claim, it is important to have an experienced workers compensation attorney on your side from the get go. At The Kryder Law Group, LLC, we know how to investigate these claims and build a strong case to get you the maximum compensation you are entitled to. Call today to speak with a Chicago workers comp lawyer to discuss the specifics of your injuries to find out how much they may be worth.
What Are the Time Limits for Filing a Workers’ Comp Claim?
In Illinois, there are strict time limits for filing a workers compensation claim. If you do not file your claim within the required time frame, you may be barred from receiving benefits even if your repetitive stress injuries were caused by your job duties.
You have 45 days to report general injuries like a repetitive strain injury or carpal tunnel syndrome.
Injuries caused by radiological exposure should be reported within 90 days.
Occupational diseases should be reported as soon as you discover the injury.
If you have been injured at work, it is important to speak with an experienced workers compensation attorney as soon as possible. The attorneys of The Kryder Law Group, LLC have represented many injured workers in Chicago and throughout Illinois and can help you navigate the workers compensation process. Contact us today to schedule a free consultation with a Chicago workers compensation lawyer. We will review your case and answer any questions you may have about the process. Call us today to get started.
The Kryder Law Group, LLC – Chicago’s Repetitive Motion Injury Workers’ Comp Attorneys
If you have suffered a repetitive motion injury at work, it is important to speak with an experienced workers compensation attorney about your rights and how to file a claim. The attorneys of The Kryder Law Group, LLC have represented many injured workers in Chicago and throughout Illinois and have a proven track record of success. We offer a free consultation to discuss the specifics of your case and answer any questions you may have about the workers compensation process. Call today to schedule your free consultation with a Chicago workers comp lawyer at The Kryder Law Group, LLC.
How a Workers Comp Lawyer Can Help
If you have been injured at work, you may be feeling overwhelmed and unsure of what to do next. An experienced workers compensation attorney can help guide you through the process and ensure that you get the maximum compensation you are entitled to. Here are a few ways a workers comp lawyer can help:
Investigate Your Claim - Your attorney will investigate your claim to determine the cause of your repetitive stress injuries and demonstrate they were caused by your job duties.
Gather Evidence - Your attorney will gather evidence to support your claim, including medical records, eyewitness testimony, and more.
Handle the Legal Process - Your attorney will handle all aspects of the legal process, from filing the initial claim to appealing a denial of benefits.
Negotiate with the Insurance Company - Your attorney will negotiate with the insurance company on your behalf to get you the maximum compensation possible.
When it comes to workers compensation claims, having an experienced attorney on your side can make all the difference. Contact The Kryder Law Group, LLC today to schedule a free consultation with a Chicago workers compensation lawyer. We will review your case and answer any questions you may have about the process. Call us today to get started.