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
History of Workers’ Compensation with John F. Burton, Jr.
How Millennials and Work Remotes are Impacting Workers' Comp
Nursing The Wound: The Law and Ethics of Disability Management in Workers Compensation
Controversy Over the AMA Guides, Sixth Edition
The Attorney's Role in Workers Compensation
Opioid Alternative Treatment Pathway
Are Student Athletes Eligible for Workers Comp?
Changes to Workers Comp Coverage in the Political Climate
Technology's Impact on the Future of the Labor Force
Dealing with Chronic Pain in the Workplace
Does Workers' Compensation Cover Hate Crimes in the Workplace?
New York Workers’ Compensation Changes in 2017
Workers Comp Claims in Professional Sports
Social Security Disability Claims
Workers’ Compensation for Performing Artists
The Fact-Driven Complexities of Personal Comfort Doctrine
Constitutional Challenges to State Workers’ Compensation Laws
How the Pawlosky Case Redefined Workplace Injury
Third Party Liability Waivers
How Frances Perkins Impacted Workers’ Compensation
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