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
The Year that Was in Workers Comp
Want to Improve Performance? Take a Break
Up in the Air: When Uniforms are Toxic
Legislative Primer: What Lawyers Can Do to Push for Worker-Friendly Laws
Are Foreign Governments Responsible for Worker Safety in the US?
Medical Marijuana Reimbursement in Workers’ Compensation Systems
QCARE Designation: What it Means for Texas Injury Benefit Programs
Impacts of COVID-19 on Workers’ Compensation
How Inspiring Others Makes You a Better Lawyer
Workers’ Comp Clients: When to Seek Counsel
Defining Employment Relationships in the Gig Economy–Can It Be Done?
Pooled Special Needs Trusts: Low-Cost Asset Management for Injured Workers
Peter Rousmaniere: Reflections from a Career in Workers’ Comp
Examining State Variations in Opioid Dispensation with WCRI’s Dr. Vennela Thumula
Health Insurance and Outcomes of Injured Workers
The Evolution of Workers’ Compensation with Alan Pierce
Putting Workers Comp Policies Under the Microscope
Drug Formularies in Workers’ Comp—Good for Injured Workers?
Subrogation and Workers’ Compensation Liens on Third Party Settlements.
Wage Theft: From Investigation to Resolution
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