Articles Posted in Workers’ Compensation

Repetitive stress injuries (RSIs) can affect workers in almost any occupation. These injuries typically occur when a repetitive motion damages soft tissue in a specific part of the body. There are various types of RSI, but the most common is Carpal Tunnel Syndrome. This condition is most commonly found in office workers that spend significant time using a computer keyboard. It affects the ligaments and tendons within the tissue that makes up the carpal tunnel in the wrist. Neck strain, different types of back problems, and rotator cuff damage are common among carpenters, mechanics, and construction workers. The Bureau of Labor Statistics reports that RSIs account for approximately 60% of work-related injuries, and are diagnosed in one out of every eight workers in the United States. As a Massachusetts workers compensation lawyer, I’m consistently seeing varying degrees of RSI’s.

Common Types of RSIs

RSIs are directly related to a specific kind of repetitive motion. There are many different occupations with a high incidence of RSIs. The most commonly reported injuries include the following:

• Tendonitis – Tendons are tissues that connect muscles to bone. Because they are largely responsible for movement, tendons consist of extremely strong, flexible, fibrous, cable-like connective tissues. When tendons are overused, they may become inflamed, causing pain, stiffness, and tenderness in areas around the joint. This can occur at any joint in the body. Treatments include anti-inflammatory medications, ultrasound and massage therapies, stretching and strengthening exercises, and orthotics or splinting. However, the most important element in treatment is rest, which can be difficult when lost wages are involved.
• Carpal Tunnel Syndrome – The carpal tunnel is a passageway on the palmar side of the wrist that consists of bone and connective tissue. It creates a canal for the median nerve, which runs down the forearm and into the hands and fingers (carpals). The tendons running from the forearm to the fingers also pass through this tunnel. As with tendonitis, when the carpal tunnel becomes inflamed from overuse, it presses against the median nerve, causing pain, weakness, and numbness that may radiate up the forearm. Management includes splinting and anti-inflammatory medications. Surgery is becoming an increasingly recommended treatment.
• Bursitis – A fluid filled sac found in joints, a bursa is responsible for cushioning spaces between bone and other tissues, including muscle, tendon, cartilage, and skin. With approximately 160 bursae scattered throughout the body, repetitive motion can cause inflammation. Pain and tenderness are common symptoms. The fluid within the bursa may swell, causing decreased mobility in the affected joint. As with tendonitis, treatment includes anti-inflammatory drugs, ultrasound and massage therapies, stretching and strengthening, elevation, and rest. If these fail, the next level of treatment is corticosteroid injections.

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Workers’ Compensation exists to protect both employee and employer in the event a worker is injured, becomes ill, or dies on the job. Workers’ comp protects injured employees by covering eligible medical bills and providing disability payments while the employee is unable to work. Employers, on the other hand, are protected from being sued by injured employees for damages such as pain and suffering, medical bills, and emotional trauma.

Covered injuries don’t necessarily need to be sudden and catastrophic, such as falls from high places and severe chemical burns. Even relatively minor injuries that occur over long periods of time, and pre-existing conditions that are exacerbated by the working environment can be eligible.

Almost all work-related injuries and illnesses are covered by workers’ compensation, but exceptions do exist. As long as the injury occurs “during the course of employment,” it is typically covered. “During the course of employment” doesn’t necessarily mean during normal office hours and at the normal place of business. For example, an insurance agent would be covered by workers’ comp while on an after-hours sales appointment at a client’s house. Additionally, injuries suffered while participating in work-related activities, such as at a company softball game, may also be covered. If you think you may have a case but aren’t sure it’s always a good idea to call a Massachusetts workers compensation lawyer to fully understand what benefits are available to you.

What If the Worker is At-Fault For the Injury?

Workers’ compensation is basically a no-fault system. Even if the employee’s injury was a result of his or her own carelessness, coverage still applies. However, it’s a different story when alcohol is involved. Simply being intoxicated isn’t always enough to refuse a claim. In some states, coverage will only be denied if the injury was a direct result of the worker’s intoxication. Other commonly excluded injuries are those suffered by a worker who engages in violent behavior, starts a fight, self-inflicted injuries, and those caused by the use of illegal, non-prescription drugs. Many states, however, still cover injuries caused by these actions, as long as the employee’s behavior wasn’t the sole cause of the injury. Continue reading

There is rising concern in the workers’ compensation industry over the security of the personal and health information of employees. Worker’s compensation organizations manage an extensive database of such information on employees around the country. According to managed care services provider Genex Services, L.L.C., the amount of medical data and personal health information stored by the workers’ comp industry positions it as an easy target for data thieves. The concern and threat are real, but many in the industry are beginning to use new technology and security practices to significantly reduce the risk. Continue reading