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
A Playbook for Tackling Workers’ Comp in Professional Sports
Workers’ Comp Medical Fee Schedules: What You Need To Know
Has the “Great Bargain” Worked? Well … It’s Complicated
50 Years After a Review of Workplace Protections, Time for Another Look?
Workers’ Comp and COVID: An American Failure
Immigrant Workers and Their Rights, Documented or Not
Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana
Workers’ Comp Attorneys, Protecting Our Rights
Revisiting the History of Workers’ Compensation with John F. Burton, Jr.
All Aboard: Maritime and Defense Base Claims
“Do The Right Thing,” A 9/11 Hero To The End
“Law’s Finest Hour,” Tort Lawyers and 9/11
“A Patriotic Obligation”: Kenneth Feinberg and the 9/11 Fund
WWE Smackdown- Are Professional Wrestlers Employees?
The “Going and Coming” Rule and the “Level Floor” Doctrine
Who Pays When Company Outings Lead to Injury?
Extraordinary Courage in the Face of Injustice
How Voc Rehab Helps Injured Workers Recover on the Job Front
Presumptions in the Age of Covid-19
The Future of Work: Utopia or Dystopia?
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