SC Workers’ Compensation for Repetitive Motion Injuries
Understand how to prove a repetitive stress injury is work-related so you can get the compensation you deserve
Whether you’re working in a factory, office, or construction site, the risk of repetitive stress injuries (RSIs) looms large across South Carolina’s diverse workforce. These injuries, which are caused by repeated movements and overuse, can lead to chronic pain, disability, and lost wages.
But what exactly are RSIs, and how can you secure workers’ compensation benefits if you’re affected?
This comprehensive guide will break down the essentials, from understanding the nature of RSIs to navigating the claims process in South Carolina, empowering you to take control of your health and financial well-being.
How common are repetitive stress injuries at work?
According to the National Safety Council, in the 2-year period from 2021 through 2022, approximately 976,090 U.S. workers experienced musculoskeletal disorders (MSDs) that resulted in days away from work.
Musculoskeletal disorders (MSDs), or “ergonomic injuries,” most often result from activities that involve overexertion and repetitive motions, making RSIs responsible for nearly a half million work injuries annually.
What are examples of repetitive stress injuries?
Repetitive stress injuries (RSIs), also referred to as repetitive motion injuries or repetitive strain injuries, encompass a wide array of conditions that develop over time due to the repetitive use of muscles, tendons, and nerves. Common RSIs that impact South Carolina workers include:
- Carpal tunnel syndrome (CTS). This is perhaps the most well-known RSI, affecting the median nerve as it passes through the wrist. It’s often caused by repetitive hand and wrist motions, such as typing on a computer or cash register or working on an assembly line.
- Tendonitis. This inflammation of tendons can occur in various parts of the body, including the elbows (tennis elbow), wrists, and shoulders. It’s often triggered by repetitive motions, forceful exertions, or awkward postures.
- Bursitis. This inflammation of the bursae, small fluid-filled sacs that cushion joints, can be caused by repetitive pressure or overuse of a joint. It commonly affects the shoulders, elbows, and knees.
- De Quervain’s tenosynovitis. This painful condition affects the tendons on the thumb side of the wrist. It’s often caused by repetitive gripping, pinching, or twisting motions, such as those involved in landscaping or construction work.
- Trigger finger. This condition causes a finger to lock or catch when bent. It’s typically caused by repetitive gripping or grasping motions, such as those involved in using tools or playing musical instruments.
- Rotator cuff injuries. These injuries involve the group of muscles and tendons that stabilize the shoulder joint. They can be caused by repetitive overhead motions, heavy lifting, or sudden forceful movements.
- Epicondylitis. This inflammation of the tendons that attach to the bony bump on the outside of the elbow (lateral epicondylitis or tennis elbow) or the inside of the elbow (medial epicondylitis or golfer’s elbow) is often caused by repetitive wrist and arm motions.
- Thoracic outlet syndrome (TOS). This condition involves the compression of nerves and blood vessels in the space between your collarbone and first rib. It can be caused by repetitive arm movements, poor posture, or trauma from car accidents.
Steps and Expectations in Filing a Workers’ Compensation Claim
Learn about the necessary steps and time limits for filing a workers’ comp claim in South Carolina.
Which profession has the highest rate of RSI?
According to the U.S. Bureau of Labor Statistics (BLS), health care professionals have the highest rate of repetitive stress injuries (RSIs), with 56,360 cases involving days away from work in 2018.
These workers are particularly susceptible due to the physically demanding nature of their jobs, which often involve repetitive tasks such as lifting patients, performing procedures, and using medical instruments.
Other top workers with high rates of RSIs include:
- Retail and grocery store workers
- Factory workers
- Truck drivers and delivery workers
- Warehouse workers
- Construction workers
- Office workers
- Poultry plant workers
Several factors can increase these workers’ risks of developing RSis, including:
- Repetitive motions. Performing the same motions repeatedly over time is a primary risk factor.
- Forceful exertion. Using excessive force during tasks can strain muscles and tendons.
- Awkward postures. Maintaining awkward or uncomfortable postures can put stress on joints and tissues.
- Vibration. Exposure to vibrating tools or equipment can contribute to nerve and tissue damage.
- Cold temperatures. Working in cold environments can decrease blood flow and flexibility, increasing the risk of injury.
If you work in a profession that puts you at risk for a repetitive stress injury, it’s crucial to understand how to mitigate the risks and the steps to take if you develop one of these conditions so you can recover without sustaining permanent damage.
Can you get compensation for an RSI?
Yes, you can get workers’ compensation for a repetitive stress injury (RSI) in South Carolina. This insurance provides various benefits, covering medical expenses, lost wages during recovery, vocational rehab, and more. Most employers with 4 or more employees are required to provide workers’ compensation insurance, which covers work-related injuries, illnesses, and diseases.
Workers’ compensation operates on a no-fault basis, meaning that you do not have to prove your employer was negligent to receive benefits. Instead, you only need to show that the injury is work-related.
However, keep in mind that proving an RSI is work-related can be more challenging than proving a one-time injury. This is because repetitive strain injuries often develop gradually over time, making it difficult to pinpoint the exact cause. Some employers may also try to argue that an RSI is the result of a pre-existing condition rather than your work duties.
Because of this, it’s wise to consult with an experienced workers’ compensation attorney if you’re planning on filing a claim for benefits to increase your chance of success.
Dealing with Workers’ Compensation Claim Denials
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How do you prove RSI is work-related?
Proving that your repetitive stress injury (RSI) is work-related in South Carolina requires a multi-faceted approach, combining medical evidence, documentation, and potentially expert testimony.
Here’s how you can strengthen your claim:
- Thorough medical evaluation. Seek a comprehensive evaluation from a qualified health care provider specializing in RSIs. They will conduct a physical examination, review your medical history, and possibly order diagnostic tests (like X-rays or nerve conduction studies) to confirm the diagnosis and assess the severity of your condition.
- Detailed medical records. Ensure your doctor’s notes clearly document the diagnosis of RSI, the specific body parts affected, and a causal link between your work activities and your symptoms.
- Consistent reporting. If you’ve experienced pain or discomfort at work, report it to your employer and document it in writing. This demonstrates that your symptoms were present during your employment and supports the work-related connection.
- Detailed job description. When filing a claim, provide a detailed description of your job duties, including the specific repetitive motions, forceful exertions, awkward postures, or vibrations you’re exposed to regularly.
- Witness statements. If possible, obtain statements from coworkers or supervisors who can corroborate your account of the repetitive nature of your work and the physical demands involved.
- Medical experts. In complex cases, an expert medical witness may be necessary to provide testimony linking your RSI to your specific work activities. This expert can explain the medical basis of your injury and how your job duties contributed to its development.
- Ergonomics expert. An ergonomics expert can analyze your workplace and identify potential hazards that could contribute to RSIs. Their testimony can be valuable in demonstrating the link between your work environment and your injury.
- Legal representation. Consulting with a workers’ compensation attorney in South Carolina is crucial. They can guide you through the claims process, gather and present evidence, negotiate with the insurance company, and represent you in hearings or appeals if necessary.
Remember, proving a work-related RSI requires establishing a clear causal link between your job duties and your injury. The stronger your evidence, the greater your chances of obtaining the workers’ compensation benefits you deserve.
It’s also crucial to report your RSI to your employer as soon as you notice symptoms and seek medical attention promptly.
In South Carolina, failure to notify your employer in writing within 90 days of an injury or the discovery of an injury (in cases of RSIs and other conditions that develop over time) could result in a denied claim.
Early reporting and treatment can also strengthen your claim by making it easier to prove the work-related connection.
Need help proving a repetitive stress injury is work-related in Columbia? We can help!
If you are struggling with a repetitive stress injury and need help navigating the complexities of workers’ compensation in South Carolina, don’t hesitate to contact the experienced Columbia work injury attorneys at Smith, Born, Leventis, Taylor & Vega.
Our dedicated team understands the challenges you face and is committed to helping you secure the benefits you deserve. With a proven track record of success in handling RSI claims, we can provide the compassionate support and expert guidance you need during this difficult time.
Reach out to Smith, Born, Leventis, Taylor & Vega today to schedule a free consultation and to take the first step toward recovering maximum compensation for your claim.
References
U.S. BUREAU OF LABOR STATISTICS. (2020, May 1). Occupational injuries and illnesses resulting in musculoskeletal disorders (MSDs) : U.S. Bureau of Labor Statistics. www.bls.gov. https://www.bls.gov/iif/factsheets/msds.htm
Work Safety: Musculoskeletal Injuries and Illnesses. (n.d.). Injury Facts. https://injuryfacts.nsc.org/work/safety-topics/musculoskeletal-injuries/
