Man-in-factory-holding-sore-shoulderWhen everyday work tasks lead to chronic pain and limited function, you may have a valid workers' comp claim. However, getting the benefits you deserve isn't always straightforward. Here's what you need to know about documenting your condition, filing your claim, and why having our experienced Atlanta workers' compensation lawyer at Rechtman & Spevak representing you is critical.

What Qualifies as a Repetitive Motion Injury Under Georgia Workers’ Comp Law?

Also referred to as repetitive stress injuries (RSIs), they’re caused by performing the same movements repeatedly, often with poor ergonomics or inadequate recovery time. These injuries develop over time and aren’t caused by a single workplace accident. 

While carpal tunnel syndrome is one of the most well-known examples, especially among office workers, many other conditions can be triggered or worsened by repetitive job duties:

  • Tendonitis. Symptoms include inflammation of the thick cords that attach muscle to bone, often in the wrists, elbows, or shoulders.
  • Bursitis. You could experience painful swelling of the small, fluid-filled sacs that cushion bones and tendons, frequently around your joints.
  • Epicondylitis. Irritation of the tendons that connect the bone and muscle around the elbow can cause "tennis elbow" or "golfer's elbow."
  • Rotator cuff injuries. The group of muscles and tendons that stabilize the shoulder joint can become inflamed or torn from repeated overhead motions, lifting, or awkward positioning. This often causes pain, weakness, and a limited range of motion. 
  • Trigger finger. Inflammation narrows the space within the sheath that surrounds the tendon in the affected finger. The tendon can catch or lock when you try to straighten your finger, sometimes requiring surgery.

What Are High-Risk Occupations for Repetitive Motion Injuries?

While any job with repeated overuse can lead to chronic physical strain, some professions have higher rates of these conditions:

  • Assembly line workers
  • Manufacturing and warehouse staff
  • Grocery store checkers and baggers
  • Delivery drivers
  • Hospital and nursing home employees
  • Housekeeping and janitorial workers
  • Office workers
  • Construction workers
  • Truck drivers

If your doctor diagnoses a repetitive stress injury and confirms that your job duties were a contributing factor, you’re likely eligible for workers' comp benefits. However, you'll need to take prompt action to protect your rights.

What Steps Should You Take to File a Workers’ Comp Claim for an RSI?

Repetitive motion injuries are often more challenging to document than acute workplace accidents such as falls or equipment-related incidents. However, you must still take the proper steps to meet Georgia's workers' comp deadlines and requirements to receive benefits:

  • Notify your employer within 30 days. As soon as you believe your symptoms are work-related, inform your supervisor in writing and request medical treatment. You’re required to notify your employer within 30 days of your injury under O.C.GA § 34-9-80.
  • Get a professional medical assessment. Your physician needs to provide an official diagnosis and document the work-related causes or aggravating factors that caused your injury. 
  • File Form WC-14 within 12 months. Georgia's statute of limitations for filing a workers' comp claim is one year. However, starting the process immediately after your diagnosis is always in your best interest.
  • Retain an attorney. Your likelihood of receiving workers' comp benefits will increase significantly if you partner with our knowledgeable workers’ compensation lawyer.

Why Insurance Companies Often Deny RSI Claims

Unfortunately, many legitimate repetitive motion injury claims are initially rejected. Employers and their insurance carriers may argue that your condition isn't severe enough to qualify for workers' comp or that your work didn't directly cause it. They might also pressure you to return to your regular job duties before you have fully recovered.

This is where having Jaret A. Spevak, our skilled Georgia workers' compensation attorney, advocating on your behalf is essential. With more than 30 years’ experience, he knows precisely what’s necessary to build the strongest possible case for your claim, including gathering medical documentation, securing expert testimony, and conducting workplace evaluations. If you're denied benefits, the team at Rechtman & Spevak will also represent you through the appeals process, fighting for the medical treatment and wage replacement you need to heal.

What Workers' Comp Benefits Can You Receive for Repetitive Motion Injuries?

When your repetitive stress injury claim is approved, the system provides several significant benefits:

  • Medical expenses. This includes all authorized doctor visits, hospital care, physical therapy, prescriptions, and travel costs to appointments.
  • Wage replacement. You’re eligible for weekly temporary total or temporary partial disability benefits, depending on whether you can work in any capacity during your recovery.
  • Permanent partial disability. You should receive additional payments if you have a lasting functional impairment, which is based on a percentage rating from your doctor.

While workers' comp doesn't compensate for the personal suffering caused by a repetitive strain injury, securing these benefits can relieve the financial pressure and help you focus on healing. Our dedicated workers’ comp team works doggedly to secure the maximum available benefits and ensure you aren't rushed back to work before you're ready.

Protecting Your Health and Your Rights After an RSI

You have the right to workers' comp benefits when a repetitive strain injury keeps you from doing your job as intended. But you don't have to confront the workers' compensation system alone. You should contact our dedicated workers’ compensation lawyer at Rechtman & Spevak as soon as possible after your diagnosis to discuss your options and start building your strongest claim. The sooner you act, the faster you can receive the compensation and support you need to prioritize your health.

Jaret A. Spevak
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Atlanta Personal Injury & Workers’ Compensation Attorney With 20+ Years Experience