When most people think of workplace injuries, accidents resulting in serious injury often come to mind. However, work injuries do not necessarily need to be the result of an accident. In some cases, repetitive movements can have a negative effect on the body, leading to permanent injury.
You might be wondering, Can repetitive motion cause injury? The short answer is yes. If you wish to file a workers’ compensation claim, it is important to first understand workers’ compensation insurance, what repetitive motion injuries are, and how you can file a workers’ comp claim to receive your benefits.
When you’re ready to file your workers’ compensation claim, Mehta & McConnell, PLLC, is ready to help you.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance most employers must carry for their employees. If you are an employee and suffer an injury at work, you can file a workers’ compensation claim to receive benefits.
In exchange for providing these benefits, your employer is protected from lawsuits. And by filing a workers’ comp claim, your employer cannot typically be sued. However, if a third party plays a role in your work injury, you may be able to sue that party.
This is a complicated area of law that your lawyer can help you with if you think it applies to you. Your workers’ compensation benefits should ideally be enough to cover your expenses and disability, if any exist.
If you suffer an injury at work, filing a workers’ compensation claim can help relieve some of the financial burden.
Workers’ Compensation Benefits
The workers’ comp benefits you are entitled to receive will entirely depend on the type of injuries you’ve sustained and their severity. Benefits can include:
- Medical expenses,
- Lost wages,
- Temporary disability benefits, and
- Permanent disability benefits.
In the most unfortunate circumstances, workers’ compensation will also cover death benefits and funeral expenses. If you are unaware of the benefits you can expect, discuss your case with a North Carolina workers’ comp attorney.
What Is a Repetitive Motion Injury?
Some jobs require employees to move their bodies in such a way that can eventually lead to harmful physical wear and tear. These movements can include repeated physical movements, posture or positions held for long periods of time, or overexertions.
These movements cause stress on the body, resulting in damage to soft tissue, nerves, tendons, ligaments, or muscles. Once you’ve suffered a repetitive movement injury, it can make it difficult or even impossible to perform regular job functions.
Common Types of Repetitive Use Injuries
Repetitive motion injuries often become noticeable with certain lingering sensations in different parts of the body. These can include:
- Soreness, and
Repetitive use injuries can vary depending on the job performed, but some of the most common kinds of injuries include:
- Carpal tunnel syndrome,
- Tennis elbow, and
- Stress fractures.
If you believe you’re suffering from a repetitive motion injury, do not hesitate to seek medical attention. Allowing a doctor to examine you can provide answers and allow you to file a workers’ compensation claim.
Steps to Take for Your Workers Compensation Claim
If you have a repetitive motion work injury, you may consider filing a workers’ compensation claim. It is important to follow certain steps to preserve your right to file your claim and receive your workers’ comp benefits.
Report Your Repetitive Use Injury
Once you’ve discovered your injury, it is important to report it to your employer or immediate supervisor within 30 days. Be sure to make your report in writing, keeping a copy for your records.
Get Your Medical Records
Visit your doctor to get a thorough diagnosis. Once you understand your repetitive motion injuries, you can follow your doctor’s directions and begin treatment. Your doctor will ensure everything is well recorded in your medical records for your workers’ compensation claim.
Initiate Your Workers’ Compensation Claim
If you wish to file your claim on your own, you can file a Form 18 with the Industrial Commission. It is important to begin your claim within two years to avoid forfeiting your right to workers’ compensation benefits.
There are risks with filing a Form 18 without an attorney. The Form 18 is your first opportunity to describe why you have a compensable repetitive motion claim.
North Carolina workers’ compensation law only allows compensable repetitive motion injuries when strict legal standards are met. If you state something incorrectly on the Form 18, you can bet it will be used as a basis to deny your claim by the insurance company.
Consult with a North Carolina Workers’ Compensation Attorney
Workers’ compensation claims can be challenging, especially when it comes to repetitive motion injuries. When you file your workers’ comp claim, it is best to do everything correctly and timely, helping ensure you get a fair chance at receiving the benefits owed to you. A North Carolina workers’ compensation attorney can help handle your claim to get the financial recovery you need during this trying time.
Mehta & McConnell, PLLC., was founded in 2021 to help injured clients when they need it most. Our attorneys have over 30 years of combined experience.
They spent most of that time working as defense attorneys, which taught them to fight hard for their clients while giving them a unique perspective. At our firm, you can expect care, compassion, and exceptional legal representation. Let’s discuss your case and see how we can help you. Contact us today.