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From John’s interview for the Masters of Workers’ Compensation series on ReelLawyers.com.
If a repetitive stress injury has made it impossible to do your job, now is a time when you could benefit from a consultation with an experienced Charlotte repetitive stress injury attorney. In North Carolina, workers’ compensation may or may not cover repetitive stress type injuries. Workers’ compensation rules are complicated, and if you make a mistake, the insurance carrier could deny your claim.
At Ayers, Ayers & Dressler in Charlotte, North Carolina, our lawyers are skilled at helping injured workers show that their work injury or occupational disease is covered. We offer a free initial consultation to discuss your case.
A repetitive stress injury is the result of performing work activities, such as hand motions or lifting, over a period of time rather than a single work accident. An example is carpal tunnel syndrome.
In North Carolina, injuries caused by performing regular work duties are generally not covered. There are exceptions such as back injuries and hernias. An occupational illness caused by repetitive stress may also be covered if you can show:
It often takes a lawyer’s help to receive workers’ compensation benefits for health conditions caused by repetitive stress.
If your repetitive stress injury prevents you from working for a year or longer, you may also qualify for Social Security Disability. Our lawyers can coordinate your workers’ compensation and Social Security Disability claim to help you receive the maximum compensation you are due.
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Across various professions in Charlotte, including manufacturing, transportation, healthcare, and administration, people often end up with musculoskeletal issues from doing the same motions repeatedly for extended periods.
Employees who work in Charlotte’s University City business district, distribution centers near Charlotte Douglas International Airport, and office buildings all over Uptown could potentially suffer workplace injuries after performing the same task hundreds or thousands of times. Although carpal tunnel is one of the most common types of conditions, there are many others, including:
Simply having one of these conditions won’t guarantee workers’ compensation. Medical evidence and job duties must support your claim.
Proving a work injury was caused by your job can be difficult when it develops over a long period. A one-time accident on the job usually leaves no question about where and when an injury occurred. With repetitive stress injuries, an employer or insurance carrier may attribute your symptoms to aging, exercise outside of work, or a preexisting medical condition. Typically, you may need proof that your work duties contributed to your condition.
Medical records can provide evidence of a repetitive stress injury. Your doctor may order a physical exam, X-ray, nerve conduction study, or other test to diagnose your condition. However, just because you have a diagnosis does not mean you qualify for workers’ comp. Your doctor might also need to explain how your work duties contributed to your condition and how those responsibilities placed you at a greater risk than the general public.
Let’s say you work at a warehouse and routinely lift boxes and grab merchandise. You might need a doctor’s explanation of how your arm or wrist movements caused your tendon injury.
Your job duties may also establish how often you perform repetitive movements and how long you have performed those tasks. Job descriptions, production records, work schedules, ergonomic studies, and coworker testimony could all serve as evidence of your work activities.
If you work on an assembly line making hundreds of repetitive motions each day, you likely have greater exposure than someone who only performs those same movements once or twice a day.
North Carolina law separates occupational diseases from injuries that occur as the result of specific workplace accidents. Certain medical conditions are listed in N. C. Gen. Stat. § 97-53 as occupational diseases. These include diseases such as bursitis and tenosynovitis. This same statute provides compensation for diseases that are inherent to and distinctive of a specific job or industry, but not typically found in the general public, can be grounds for a claim.
North Carolina General Statutes §97-52 establishes that disablement or death stemming from an occupational disease is to be considered an injury by accident under the Workers’ Compensation Act. Therefore, when assessing eligibility for repetitive stress injuries, medical diagnoses, workplace conditions, and occupational exposures become critical considerations.
Approved repetitive stress injury claims can allow an employee to receive workers’ compensation benefits. However, the specific amount and length of compensation depend on several factors, including the injury, medical restrictions, and resulting disability.
Employees who suffer an injury at work can receive reasonable and necessary medical treatment to relieve pain, cure the injury, or lessen the disability. This compensation can cover doctor appointments, diagnostic testing, physical therapy, medications, surgery, and rehab services if authorized.
Workers who cannot perform their job duties while recovering from an injury can receive temporary total disability benefits. Typically, in North Carolina, these benefits are set at two-thirds of the employee’s average weekly wages, with certain caps and limitations applying. If employees return to work at a lower wage because of their injury, they might qualify for temporary partial disability benefits instead.
Employees who have permanent partial disability may qualify for permanent partial disability benefits if their repetitive stress injury leaves them with lasting impairment after treatment. Permanent impairment ratings, the affected body part, and wage-earning capacity may affect the amount of benefits an injured employee can receive.
Charlotte workers’ compensation does not typically allow injured employees to receive separate compensation awards for pain and suffering like they can from a personal injury claim.
Employers and employees should take workplace injuries and illnesses seriously. In North Carolina during 2024, employers recorded 64,200 non-fatal workplace injuries and illnesses, as reported by the U.S. Bureau of Labor Statistics. Out of the total, 35,700 instances led to time off, a change in job duties, or limitations, with 20,700 of those specifically involving time away from work.
These numbers represent all occupational injuries and illnesses, not just repetitive stress injuries. Repetitive stress injuries can prevent workers from continuing to work, as demonstrated by these statistics.
Employers and insurance carriers can deny repetitive stress injury claims if they do not believe there is a connection between the condition and work duties. Injuries caused by accidents on the job typically have a specific date of incident, but repetitive stress conditions can take years to develop. This makes it hard to pinpoint when the injury occurred.
Typical denials are due to a lack of medical evidence, disagreement about exposure at work, or claims that symptoms were caused by aging or non-work activities. Insurance carriers may also deny a claim if they believe that an employee’s job did not put them at a higher risk for injury than the general public.
If your claim has been denied, you are not necessarily barred from receiving benefits. An employee can appeal decisions through the North Carolina Industrial Commission that they feel are unfavorable. You may be eligible for benefits depending on the medical evidence, governing laws, and specific facts of your case.
If you have been diagnosed with a repetitive stress injury, you may continue working if you are authorized to receive medical treatment through workers’ compensation. You may be able to return to your regular job duties depending on any medical restrictions, severity of your symptoms, and availability of light-duty work.
An administrative employee in Uptown Charlotte who has developed carpal tunnel syndrome from typing may be able to return to work with accommodations such as ergonomic keyboard equipment or restrictions on repetitive motions. A warehouse worker with a shoulder injury may be restricted from lifting or reaching overhead.
If you are unable to earn your regular wages due to a work-related injury, you may be entitled to temporary partial disability benefits.
Many repetitive stress injury claims raise complex issues regarding occupational exposure, medical causation, and disability benefits eligibility. Don’t let your employer or an insurance company pressure you into accepting a settlement if you’ve received a claim denial or are encountering disputes regarding your treatment. You should know all of your options.
While most work comp disputes fall under the jurisdiction of the North Carolina Industrial Commission, some separate civil claims may be filed at the Mecklenburg County Courthouse. The courthouse is located at 832 East Fourth Street, Charlotte, NC 28202, which is near Uptown Charlotte and off of I-277.
RSIs can be permanent or temporary. While some workers go on to make a full recovery with appropriate treatment and adjustments to their job duties, rest, and physical therapy, other repetitive strain injuries can lead to permanent nerve damage, chronic pain, and limited range of motion. Whether or not an injury is permanent depends on your diagnosis and the severity of your injury.
You may be eligible to receive workers’ compensation benefits if your repetitive stress injury qualifies as a compensable occupational disease or injury under North Carolina law. Benefits can include payment for medical treatment, a portion of your wages while you’re unable to work, and permanent disability compensation.
Whether or not you can recover workers’ compensation benefits depends on whether you have the necessary medical documentation to connect your condition to your employment.
Filing a claim for pain and suffering in Charlotte may be worthwhile if another party is responsible for your injury. Workers’ compensation does not allow injured workers to receive damages for pain and suffering in North Carolina. However, if another party was negligent and partially or entirely at-fault for your injury, you may be eligible to file a personal injury claim and recover non-economic damages.
RSIs can qualify as a disability if they substantially limit you from performing your job or engaging in everyday tasks. Eligible employees may be entitled to reasonable accommodations in the workplace under the Americans with Disabilities Act. Social Security Disability has a much narrower set of requirements and usually requires that you be unable to work for at least one year.
If you suffered a repetitive stress injury at work, trust your case to the attorneys of Ayers, Ayers & Dressler. To schedule a free initial consultation with one of our Charlotte attorneys, call 704-594-4317 or contact us online.
We accept workers’ compensation cases on a contingent fee basis. We only collect attorney fees if we obtain benefits for you.
No one should have to worry about their financial security after a lifetime of contributing to Social
Security because of a disabling injury or condition.
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