Workers’ compensation is designed to provide benefits to employees who are injured on the job, but not all workplace injuries are the result of a single accident. Repetitive stress injuries (RSIs), such as carpal tunnel syndrome or tendonitis, develop over time due to the repetitive motions and strains that are common in many occupations.
If you’ve suffered an RSI in Maryland, understanding how to file a workers’ compensation claim and the challenges involved is crucial for securing the benefits you deserve.
What Are Repetitive Stress Injuries?
Repetitive stress injuries (RSIs) are a type of musculoskeletal disorder caused by repetitive movements, overuse, or sustained pressure on certain body parts. Unlike acute injuries that occur suddenly, RSIs develop gradually and can cause chronic pain, discomfort, and functional limitations. Common examples of RSIs include:
- Carpal Tunnel Syndrome: Caused by repetitive motions like typing or using a mouse, this condition affects the median nerve in the wrist, leading to numbness, tingling, and pain in the hand and fingers.
- Tendonitis: Inflammation of tendons, often resulting from repetitive movements, can occur in various parts of the body, such as the shoulders, elbows, or knees.
- Bursitis: This condition involves inflammation of the bursae, the small fluid-filled sacs that cushion bones, tendons, and muscles, typically affecting the shoulders, elbows, or hips.
RSIs can occur in various industries, from office work and manufacturing to healthcare and construction. While these injuries may seem less severe than traumatic injuries, they can significantly impact your ability to work and perform daily activities.
Challenges in Proving a Workers’ Compensation Claim for RSIs
Filing a workers’ compensation claim for an RSI in Maryland can be more challenging than filing for an acute injury. Here’s why:
Gradual Onset of Symptoms
One of the biggest challenges in RSI claims is the gradual onset of symptoms. Because RSIs develop over time, it can be difficult to pinpoint the exact moment the injury occurred. This ambiguity can lead to disputes over whether the injury is work-related and when it became a compensable injury.
Lack of Visible Evidence
Unlike broken bones or lacerations, RSIs often lack visible evidence. There may be no external signs of injury, and diagnostic tests like X-rays may not show the extent of the damage. This lack of physical evidence can make it harder to prove the severity of the injury and its connection to your job.
Employer and Insurer Disputes
Employers and their insurance companies may dispute RSI claims by arguing that the injury is not work-related or that it resulted from activities outside of work. They may also claim that the injury is due to pre-existing conditions rather than job duties. These disputes can delay or even deny your claim, making it essential to gather strong evidence and seek legal assistance.
Steps to Strengthen Your Workers’ Compensation Claim for RSIs
Given the challenges involved in RSI claims, it’s crucial to take proactive steps to strengthen your case. Here’s what you should do:
Report the Injury as Soon as Possible
In Maryland, you must report your injury to your employer as soon as you become aware of it. Even though RSIs develop over time, it’s essential to notify your employer as soon as you experience symptoms. Delaying the report could harm your claim by giving the impression that the injury is not serious or not work-related.
Seek Medical Attention Early
Early medical intervention is critical for both your health and your workers’ compensation claim. Visit a healthcare provider as soon as you notice symptoms of an RSI. A doctor can diagnose the injury, recommend treatment, and document the condition, providing essential medical evidence for your claim.
Document Your Work Conditions
Keeping detailed records of your work activities, including the tasks you perform, the duration and frequency of repetitive motions, and any ergonomic issues, can be valuable evidence in your claim. This documentation helps establish a clear link between your job duties and the development of your RSI.
Follow Your Treatment Plan
Consistency in following your prescribed treatment plan is crucial for your recovery and your claim. Attend all medical appointments, follow your doctor’s advice, and keep a record of your treatment. This not only aids your recovery but also shows that you are taking your injury seriously.
Consult a Workers’ Comp Lawyer
Given the complexities of RSI claims, consulting a workers’ comp lawyer is one of the most important steps you can take. A lawyer can guide you through the claims process, help gather and present evidence, negotiate with insurers, and represent you in disputes or appeals.
The Role of a Workers’ Comp Lawyer in RSI Claims
Navigating the workers’ compensation system can be challenging, especially for RSI claims. Here’s how a workers’ comp lawyer can assist you:
Case Evaluation and Legal Advice
A workers’ comp lawyer will evaluate your case, determine the strength of your claim, and advise you on the best course of action. They can help you understand your rights and what benefits you may be entitled to under Maryland law.
Gathering and Presenting Evidence
Your lawyer will help you gather all necessary evidence, including medical records, documentation of your work conditions, and expert opinions. They will ensure that this evidence is presented effectively to support your claim.
Negotiating with Insurers
Insurance companies often try to minimize or deny claims, particularly for RSIs. A workers’ comp lawyer can negotiate with the insurer on your behalf, advocating for fair compensation that covers your medical expenses, lost wages, and other related costs.
Representing You in Appeals
If your claim is denied, your lawyer can represent you in the appeals process, challenging the denial and presenting a strong case to secure the benefits you deserve.
What to Expect in the Workers’ Compensation Claim Process
Filing a workers’ compensation claim for an RSI involves several steps, and understanding the process can help you navigate it more effectively:
Filing the Claim
After reporting your injury to your employer, you will need to file a formal workers’ compensation claim. Your employer should provide you with the necessary forms, which you must complete and submit to the Maryland Workers’ Compensation Commission.
Medical Evaluation
You will need to undergo a medical evaluation by a healthcare provider, who will diagnose your injury and recommend treatment. The results of this evaluation are crucial for your claim, as they establish the extent of your injury and its impact on your ability to work.
Insurance Review
Once your claim is filed, the insurance company will review the evidence and determine whether to approve or deny the claim. This process may involve further investigation, including requests for additional documentation or independent medical examinations (IME).
Appeals Process
If your claim is denied or you are not satisfied with the benefits offered, you have the right to appeal the decision. This process involves a hearing before the Maryland Workers’ Compensation Commission, where your lawyer can present evidence and argue your case.
Contact Maronick Law LLC for an Experienced Workers’ Comp Lawyer in Maryland
If you’ve suffered a repetitive stress injury at work, don’t navigate the complex workers’ compensation system alone. Maronick Law LLC is here to help you pursue the benefits you deserve. Our experienced workers’ comp lawyers understand the unique challenges of RSI claims and are dedicated to protecting your rights.
Call Maronick Law LLC today at 443-551-2747 or fill out our online contact form to schedule a consultation. Let us guide you through the process and work towards securing the compensation you need for your recovery.