This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative trauma developed under multiple employers?
Bodily wear and tear, the result of daily repetitive labor, is real. Think of the brick mason on his knees for decades or the mechanic crawling under vehicles and lifting heavy items, or the carpal tunnel injuries from working at a keyboard week in and week out. These injuries pose challenges when asked for a “date of injury” on a claim form.
For attorneys representing victims of repetitive stress, clarity is key, explaining clearly to the investigator that there is no single date. The injuries were the result of the entire period of labor. Lawyers need to think creatively to fully communicate that the injury is the direct result of the workplace.
We all “break down” as we age. For a successful claim, attorneys must show that the traumatic “wear and tear” injury is a direct result of the workplace, not simply the result of ordinary aging.
Mentioned in this Episode:
Massachusetts Zerofski Case
New Insights: How A Worker’s Mental State Influences Injury Recovery
Think You Know Workers’ Comp? The Times, They Are A Changing!
When Things Get Weird, Volume 2: Unusual Cases of Workers’ Comp
Fighting The “HIPAA Police,” Accessing Your Client’s Medical Records
Long COVID And Workers’ Comp, A Deep Dive Into A Real Issue
What Is A Workplace Injury When Your Home Is Your Workplace?
How A New Documentary Movie, “Americonned,” Relates To Workers’ Comp
“For Every Wrong, A Remedy?” When A Workplace Event Harms A Family
The “F-Word” In Workers’ Comp: Fraud. Not Always The Employer?
Support That Goes Beyond Lawyers and Doctors: Kind Souls Foundation Lends An Ear
Medical Marijuana, Your Client, And Who Pays
When A Worker Is Injured, So Is The Family: Helping Children Move Forward.
Back To School: Learning To Focus On “Recovery,” Not “Claims”
Settle Down: How Settlements Work in Workers’ Comp Cases
Urgent Need: Serving First Responders With PTSD
When Things Get Weird: Fascinating Cases, Different Jurisdictions
Longshoremen and Workers’ Comp Act — Coverage, Benefits and Compensation
Embrace Your Inner Matlock: “Acting” In The Courtroom
A Playbook for Tackling Workers’ Comp in Professional Sports
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