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
National Implications of Opt Out in Workers’ Compensation (Rebroadcast)
Are Workers’ Comp Benefits Adequate?
How the Trump Administration will Affect Workers’ Compensation
Workers’ Comp from the Other Side: Pain Management (Rebroadcast)
Workers’ Comp from the Other Side: Pain Management (Rebroadcast)
Alternative Benefit Systems and the Future of Workers’ Compensation
Using Neuroplasticity to Manage Chronic Pain
Workers’ Comp from the Other Side: Pain Management
The International Association of Industrial Accident Boards and Commissions
National Implications of Opt Out in Workers’ Compensation
What Stahl v. Hialeah Hospital Means for Florida’s Workers’ Compensation Laws
Section 28 of the MA Workers’ Comp Statute: Serious and Willful Employer Misconduct
2015 Workers’ Compensation Research Institute Conference: Perverse Effects of Low Fee Schedules
2015 Workers Compensation Research Institute Conference: Cost and Impacts of Physician Dispensing Drugs
Chronic Pain, Opioid Addiction, and Injured Workers
FECA and Workers Compensation for Federal Employees
Black Lung Disease: Coal Miners, Their Disability, and The Quantum of Proof
Overtime and the Fair Labor Standards Act
Has Workers Compensation Become Unconstitutional?
Offsets and Overlaps in Workers’ Compensation and Social Security Disability Claims
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