Goldstein Ballen O’Rourke & Wildstein, P.C.
Goldstein Ballen O’Rourke & Wildstein, P.C.

Call to request a free consultation: 888-868-1830
Se habla español/ Mówimy po polsku
Passaic Lawyers Building
One Howe Avenue, 2nd Floor
Passaic, NJ 07055

Call to request a free consultation

Se habla español/ Mówimy po polsku

Can you get workers’ comp for repetitive strain injuries?

On Behalf of | Aug 12, 2024 | Workers' Compensation

Workplace injuries caused by repetitive strain or ergonomic issues can have serious legal implications for both employees and employers. 

Understanding these challenges is important for ensuring safety and compliance in the workplace.

Repetitive strain injuries

Repetitive strain injuries (RSIs) occur from doing the same motions over and over, leading to muscle, tendon, or nerve damage. Common examples include tendinitis from assembly line work, carpal tunnel syndrome from typing, and back injuries from poor posture. These injuries develop over time and can significantly impact an employee’s ability to work.

Employer responsibilities

Employers must provide a safe working environment under the Occupational Safety and Health Act (OSHA). This includes addressing ergonomic issues to prevent RSIs. Employers should conduct regular ergonomic assessments, provide appropriate equipment, and train employees on proper techniques. Failure to do so can result in legal consequences, including fines and lawsuits.

Filing a workers’ compensation claim

Employees who suffer from RSIs can file a workers’ compensation claim. This claim helps cover medical expenses, lost wages, and rehabilitation costs. To file a claim, employees must report the injury to their employer, seek medical attention, and follow the company’s procedures. Documentation from healthcare providers is essential for proving the injury is work-related.

Legal challenges and considerations

Legal challenges can arise if employers dispute the claim, arguing that the injury is not work-related or resulted from pre-existing conditions. Employees may need to provide extensive medical evidence and possibly seek legal representation to support their claims. It is also important to file claims promptly, as delays can impact the outcome.

Preventive measures

Employers can take preventive measures to reduce the risk of RSIs. These include providing adjustable workstations, encouraging regular breaks, and promoting exercises that improve flexibility and strength. Implementing these measures not only helps prevent injuries but also reduces legal risks.

Impact on the workplace

Addressing ergonomic issues and RSIs benefits both employees and employers. Employees experience fewer injuries and better health, while employers see increased productivity and reduced legal and medical costs. Creating a safe work environment fosters a positive workplace culture and compliance with legal standards.