Miami Personal Injury Lawyer Blog
Repetitive Stress Injuries (RSI) are part of a category of workplace injuries recognized in federal and Florida state law. RSIs sustained from physical pressure on the body from awkward posture, force, lifting, or repetitive motion can cause physical degeneration of the body. Claimants seeking compensation have chronic medical conditions as a result of RSI such as Carpal tunnel syndrome; Cubital tunnel syndrome; Degenerative discs; Hearing loss; Neck and shoulder injuries; and Tendonitis.
Medical Records
RSI claims can be complex. Medical records documenting chronic pain are required for an employee to file an RSI claim. Chronic pain may include: joint stiffness, muscle swelling, numbness, permanent nerve damage, and overall physical weakness. RSI claimants with a record of chronic pain connected to work activity on the job can seek Workers’ Compensation.
Eligibility Criteria
To qualify for RSI compensation, a claim must pass a three-step test. Claimants must evidence that an injury is the outcome of repetitive and prolonged exposure to a motion for at least two weeks to meet trauma criteria; or show a pre-existing condition has been aggravated from this exposure leading to injury; and that those outcomes are the result of workplace hazard(s) defined by OSHA standards.
Florida RSI Rules
Some RSI cases are not compensable by Workers’ Compensation but may still be eligible for a claim in Florida. The Florida Supreme Court has modified rules to RSI claim compensation to include injuries exacerbated by non-routine workday activities if it is proven that those tasks required continuous physical exertion, or exposed an existing injury resulting in trauma.
In addition to proving that an injury is a workplace hazard-related repetitive motion claim for RSI, eligible claimants must follow Workers’ Compensation filing procedures and provide the exact date of injury to meet claim eligibility criteria.
Filing a Claim in Florida
When Workers’ Compensation rejects a RSI claim, medical treatment and much-needed compensation for medical bills and treatment costs can cause serious financial detriment to the injured party in the process. An injured employee filing an RSI claim can also be fired during the Workers’ Compensation process, potentially reducing full coverage of medical bills and other expenses associated with medical leave.
Personal Injury Lawsuit
Physical injuries from RSI on the job are medical conditions classified as injuries. Pain and suffering from RSI-related injuries not met with Workers’ Compensation in Florida are matters that can be compensated by filing a personal injury lawsuit in court. Injured parties seeking due compensation for medical expenses and time off work deserve adequate and fair consideration by an employer. If an employer has failed to refer an RSI injured employee to a medical provider for diagnosis and treatment of their disclosed injury, a lawsuit may be the only solution to meeting unexpected expenses.
If you have been injured at work, a licensed attorney at law with experience in personal injury law can assist you in recovering the compensation you deserve. Gerson & Schwartz offers legal consultations in Florida. Contact us to speak to an attorney about filing a personal injury lawsuit.
