Understanding Repetitive Stress Injuries: Your Guide to Wisconsin Worker’s Compensation Claims

Workers' Compensation Attorney

A repetitive stress injury (RSI) is an injury that develops gradually due to overuse or repeated trauma. Unfortunately, repetitive stress injuries are a serious problem in American workplaces. The Occupational Health and Safety Administration (OSHA) estimates 1.8 million workers develop RSIs every year.

Not only are these injuries debilitating, but many workers do not fully understand their legal rights. In Wisconsin, you can recover worker’s compensation benefits for a repetitive stress injury. In this article, our Milwaukee worker’s comp lawyers offer a guide to repetitive stress injuries in the workplace.

Wisconsin Worker’s Compensation and Repetitive Stress Injuries

What is Repetitive Stress Injury?

A repetitive stress injury or repetitive trauma injury is a slow-developing injury that happens due to overexertion. These injuries are frequently associated with repeated tasks, forceful exertions, and awkward movements. Workers who spend years lifting, climbing, and doing the same strenuous tasks, again and again, are at risk of developing repetitive stress injuries. Some notable examples of these injuries include:

  • Carpal tunnel syndrome
  • Tennis elbow
  • Tendonitis
  • Rotator cuff injuries
  • Lower back injuries
  • Upper back injuries
  • Neck injuries

Wisconsin Law Classifies a Repetitive Injury as an Occupational Disease

One of the biggest myths about worker’s compensation claims in Wisconsin is you must sustain a specific injury in a specific accident to be eligible to recover financial compensation. This is false. You can recover worker’s compensation benefits for a repetitive stress injury. Under state law, a repetitive stress injury is an occupational disease.

According to the Wisconsin Worker’s Compensation Guide, our state defines an occupational disease as a persistent mental or physical condition that develops due to exposure to certain stresses within the workplace. A repetitive stress injury, such as carpal tunnel or a herniated disc, can absolutely meet this standard. The key is connecting the injury to the workplace.

The Challenge: Connecting Repetitive Stress Injuries to Employment

Sadly, workers who have developed severe repetitive trauma injuries sometimes face some major challenges in the worker’s comp claims process. Generally, the primary question that must be addressed in these cases is the same: How do you connect a repetitive stress injury to your employment?

Through a well-crafted worker’s comp claim backed by comprehensive supporting medical evidence, you can establish the necessary link between employment and your injuries. If your repetitive stress injury worker’s comp claim was denied, do not give up on your rights. Our Milwaukee worker’s comp lawyers will help you build an appeal.

Repetitive Stress Injury Statistics In Wisconsin Worker’s Comp Claims

Repetitive stress injuries (RSIs), often referred to as repetitive trauma injuries, are increasingly acknowledged as a significant concern within Wisconsin’s workforce. These injuries typically develop over time, resulting from persistent motions, excessive exertion, or sustained strain in the workplace. With a growing recognition of their impact, RSIs are now considered valid grounds for workers’ compensation benefits under Wisconsin law, reflecting the need for better awareness and prevention strategies.

Prevalence and Recognition

According to reports from the Wisconsin Department of Workforce Development and the Occupational Safety and Health Administration (OSHA), it is estimated that approximately 1.8 million workers across the United States are diagnosed with RSIs each year. In Wisconsin, RSIs are classified as occupational diseases. This classification is significant because it means that affected individuals do not need to demonstrate that their injury resulted from a single traumatic incident to qualify for compensation. Instead, they must establish a clear connection between their injury and long-term exposure to repetitive tasks or sustained activities in their work environment.

Common Types of RSIs in Wisconsin Claims

Several types of RSIs frequently lead to workers’ compensation claims in Wisconsin. These include:

Carpal Tunnel Syndrome – A condition caused by pressure on the median nerve in the wrist, leading to pain, numbness, and weakness in the hand and arm.

Tendonitis – Inflammation of a tendon, often resulting from overuse, which can affect various parts of the body, including shoulders, elbows, and knees.

Rotator Cuff Injuries – Injuries to the group of muscles and tendons that stabilize the shoulder joint, common among individuals who perform overhead tasks.

Tennis Elbow (Lateral Epicondylitis) –  A type of tendonitis that causes pain on the outside of the elbow, often linked to repetitive arm and wrist motions.

Lower and Upper Back Injuries – Conditions resulting from lifting, carrying, or other repetitive motions that put strain on the back muscles and spine.

Neck Strain – Injury or discomfort in the neck region, often resulting from prolonged computer use or repetitive neck movements.

These injuries are particularly prevalent in sectors such as manufacturing, healthcare, construction, and office settings, where repetitive tasks such as typing, lifting, handling tools, or performing the same motion over extended periods are commonplace.

Claim Trends and Challenges

Although Wisconsin’s workers’ compensation system allows for the filing of RSI claims, these claims are particularly scrutinized compared to acute injury claims. The main challenge workers face when seeking compensation for RSIs is demonstrating a direct cause-and-effect relationship between their job duties and the resulting injuries. To succeed in these claims, workers often need to provide robust medical documentation, undergo job duty analyses, and may require expert testimony to establish causation and support their case.

To assist in navigating these claims, the Wisconsin Workers’ Compensation Division offers an interactive dashboard that enables users to filter claims by injury type, including RSIs. This resource provides valuable insights into trends over the years, as well as details related to specific occupations and industries. While exact statistics on the number of RSI claims are not explicitly available, they constitute a significant percentage of the overall occupational disease claims within the state.

Compensation and Benefits

Workers who suffer from RSIs may qualify for a variety of compensation and benefits, which can include:

Medical Treatment and Rehabilitation – Coverage for necessary medical care, therapies, and rehabilitation services aimed at helping the worker recover from their injury.

Wage Replacement – Employees may receive wage replacement benefits that typically amount to two-thirds of their average weekly wage during their recovery period.

Permanent Partial Disability Payments – If the injury results in lasting impairment, workers may be eligible for payments based on the level of their disability.

Vocational Retraining – If an RSI prevents an employee from returning to their previous job, they may qualify for vocational retraining programs to help them gain new skills and find suitable employment.

This comprehensive overview highlights the critical importance of recognizing and effectively addressing RSIs in the workplace. By increasing awareness and understanding of these injuries, employers and employees alike can work towards creating safer work environments that prioritize health and wellbeing.

Call Our Wisconsin Repetitive Stress Work Injury Lawyers Today

At Gillick, Wicht, Gillick & Graf, our Milwaukee worker’s comp attorneys have the skills, knowledge, and experience to handle the complete range of repetitive stress injury claims. If you or your loved one develops a gradual injury on the job, we can help. For a no-fee, no-obligation review of your work injury claim, please contact our Milwaukee law office now at 414-257-2667. We represent injured workers throughout Wisconsin.

Contact Gillick Wicht Gillick & Graf No Fee Unless We Win