Filing A Worker’s Compensation Claim For Repetitive Stress Injuries In Wisconsin
If you are suffering from a repetitive stress injury from your job in Wisconsin, then you might be entitled to benefits under workers’ compensation. Several occupations have numerous repetitious activities that can cause injuries over time, and the worker’s compensation laws of Wisconsin protect those workers who develop such types of injuries. How to file a claim for a repetitive stress injury is different from filing a claim for an acute injury or a broken bone, for example, and understanding the process is critical to receiving the benefits an injured worker deserves.
What Are Repetitive Stress Injuries?
Repetitive stress injury, also known as repetitive motion injury or cumulative trauma disorder, is caused by consistent impact to the same muscles, tendons, or nerves; the areas become damaged. Since these types of injuries usually occur over time, it is usually difficult to track their origin to a specific accident or incident. Common complaints with RSIs include carpal tunnel syndrome, tendinitis, and bursitis. RSIs commonly occur with jobs that require repetitive tasks, such as typing, working on an assembly line, or even using vibrating tools.
Repetitive Stress Injuries And Occupational Diseases
In Wisconsin Workers’ Compensation law, repetitive stress injuries and occupational diseases are classified as “occupational diseases” but differ in their specific causes and how they impact workers. Each type of injury requires different considerations when filing for workers’ compensation benefits.
Repetitive Stress Injuries Explained
Repetitive stress injuries (RSIs) occur due to continuous, repetitive activities over an extended period. These injuries arise from the same movements or conditions that place strain on particular areas of the body. For instance, an office worker might develop carpal tunnel syndrome from constant typing, while a factory worker could experience back pain due to repetitive lifting. In addition to these common RSIs, exposure to consistent noise or hazardous chemicals may lead to hearing loss or chronic conditions like respiratory problems.
RSIs develop gradually, unlike acute injuries caused by a single event, and are tied to specific repetitive tasks performed in the workplace. Wisconsin Workers’ Compensation laws recognize that repetitive stress injuries are a direct result of prolonged exposure to certain work conditions. As such, claims related to RSIs require the worker to show that the continuous nature of their work tasks significantly contributed to the injury. For example, someone suffering from hearing loss after years of working in a noisy environment would file a claim under Wisconsin’s workers’ comp system, arguing that their exposure to noise was substantial and contributed to their injury.
Occupational Diseases Under Wisconsin Worker’s Comp Laws
Occupational diseases are also characterized by gradual onset but refer to a wider variety of conditions beyond repetitive motion injuries. Occupational diseases can stem from long-term exposure to harmful substances or environments, impacting workers’ health over time. Examples include diseases caused by toxic chemical exposure, respiratory conditions like asthma or chronic bronchitis, and sensory impairments such as vision or hearing loss due to hazardous work conditions.
While repetitive stress injuries are generally linked to physical tasks, occupational diseases may be caused by environmental factors or hazardous exposures, including toxic chemicals or long-term strain on the body. In Wisconsin, these types of injuries and illnesses fall under the umbrella of occupational disease because they develop over time and are connected to the worker’s employment.
Causation And Filing Claims For Occupational Diseases In Wisconsin
To qualify for workers’ compensation benefits in Wisconsin for an occupational disease, the key factor is proving that the work-related exposure or condition was a “material contributing cause” of the injury or illness. When filing for Wisconsin’s workers’ compensation, the claimant must outline how their job duties caused their condition.
The legal standard in Wisconsin for occupational diseases is not that the workplace condition must be the only cause of the disease—it must be a material contributing factor. In other words, if your work environment or tasks were a significant cause of the disease or injury, even if other factors also played a role, you may still be eligible for compensation.
For instance, if a worker suffers from lung disease partially due to lack of exercise but also from years of working in an environment with chemical fumes, they may still be able to receive compensation as long as the workplace exposure significantly contributed to the condition. The same is true for repetitive stress injuries like hearing loss—if work-related noise exposure made a meaningful contribution, even if other factors exist, a claim could still be viable.
This approach ensures that workers who face compounded issues from both work and non-work-related causes can still seek relief through Wisconsin’s workers’ compensation system.
Filing A Repetitive Stress Injury Claim In Wisconsin
Worker’s compensation benefits in Wisconsin may be available to workers who are facing work-related injuries or illness, including repetitive stress injury. Proving that your RSI is related to work can be challenging because the injury usually builds up over time rather than occurring in a single incident. To make a successful worker’s compensation claim for an RSI, it pays to follow the following steps:
Report Your Injury Promptly
Under Wisconsin law, you are supposed to notify your employer when you know of your injury. According to the Wisconsin Statutes § 102.12, failure to report an injury within 30 days of its onset may have adverse results on the claim. Because RSIs take time to develop, it is important that you document the date you first noticed your symptoms and the date you knew they were work-related.
Seek Medical Attention
When you start developing the signs and symptoms of a repetitive stress injury, your first course of action should be to seek medical attention. Not only will your physician be able to identify the severity of your injury, but they will also be able to confirm whether or not the injury is being caused by your job duties. You will want to make sure that you inform your doctor that your symptoms have arisen from activities you perform within the workplace. This documentation will become highly crucial when filing your claim.
File A Worker’s Compensation Claim
After reporting your injury to your employer and seeking medical attention, you must file a worker’s compensation claim. In Wisconsin, worker’s compensation is a no-fault system. This does not require you to prove that your employer is at fault in order to obtain your benefits; however, you must prove that your repetitive stress injury is work-related. This can be in the form of hospital records, doctor’s statements, and all other documentation that might substantiate your claim.
Work With An Experienced Worker’s Compensation Attorney
Because repetitive stress injuries sometimes are difficult to document, it is absolutely essential to see a worker’s compensation attorney. A qualified attorney can assist you in gathering the necessary evidence, filing your claim correctly, and representing you if your claim is denied or disputed. At Gillick Wicht, Gillick & Graf we have lots of experience helping workers with RSI claims and are able to assist with every step of the process.
What are the Benefits For Repetitive Stress Injuries?
If your claim is found valid, you could get a number of the many worker’s compensation benefits available in Wisconsin law, which may include:
Medical Expenses – Worker’s compensation covers all reasonable and necessary medical treatment related to your RSI, including doctor’s visits, surgeries, physical therapy, and prescription medications.
Temporary Disability Benefits – If you are out of work for a time because of your injury, you may be entitled to temporary total or partial disability benefits, which would replace part of the wage loss you experience. (Wis. Stat. § 102.43).
Permanent Disability Benefits – If your repetitive stress injury results in permanent damage, you may be entitled to permanent partial or total disability benefits, depending on the extent of your impairment.
Vocational Rehabilitation – If you are unable to return to your former employment because of your RSI, you may be entitled to vocational rehabilitation services to assist in finding your new employment. (Wis. Stat. § 102.61).
Common Problems In RSI Claims
A claim for repetitive stress injury is often more complicated than many other types of worker’s compensation claims for a number of reasons:
Gradual Onset – Unlike an acute injury, RSIs develop over time, so it may be impossible to determine the exact time and date of the injury.
Multiple Contributing Factors – RSIs may be caused by activities related to or unrelated to work, which makes establishing your claim difficult. For example, if you develop carpal tunnel syndrome from keying at work, you probably do some keying at home as well. The employer or their insurance company may say the injury is not related to work as much as possible.
Employer disputes are common with RSI claims, and employers often argue that the injury occurred outside of employment or that symptoms manifest due to natural aging.
At Gillick Wicht, Gillick & Graf, we understand that RSI claims can be particularly painful and life-changing. Our legal team is committed to helping injured workers like you through the difficult worker’s compensation system to ensure that your battle for benefits is relentless.
FAQs About Repetitive Stress Injury Claims In Wisconsin
How Much Time Do I Have To File A Worker’s Compensation Claim For A Repetitive Stress Injury In Wisconsin?
You have two years in Wisconsin, beginning from the date of your injury, to file your worker’s compensation claim. Since RSIs usually develop over time, the clock usually starts when you realize your injury is related to work. You should put in notice with your employer within 30 days to avoid problems with your claim – see Wis. Stat. § 102.12.
What If My Employer Denies My RSI Claim?
You may appeal any denial of your claim by your employer. Our experienced worker’s compensation attorneys can help you obtain additional evidence and represent you on appeal. At Gillick Wicht, Gillick & Graf, we have had years of success with contested claims.
Can I File A Claim If I Have Pre-Existing Conditions?
Yes, you can still claim worker’s compensation in Wisconsin if you have any pre-existing conditions, so long as the work activity has aggravated or accelerated the condition. Therefore, Wisconsin workers’ compensation laws cover workers whose job duties make an existing condition worse.
What Kind Of Benefits Am I Entitled To Due To An RSI In Wisconsin?
Depending on the extent of your injury, you may have the right to medical benefits, permanent disability benefits, temporary disability benefits, and vocational rehabilitation services. Wis. Stat. § 102.42, 102.43, 102.44, 102.61.
How Can A Workers’ Compensation Attorney Assist Me With My Claim?
A Workers’ Compensation attorney will assist you in gathering the necessary medical evidence of your injury, file your claim for you, and represent you through any disputes or appeals. At Gillick Wicht, Gillick & Graf, we have years of experience helping injured workers through this process.
Call Our Brookfield Worker’s Comp Benefits Lawyer To Receive Your Free Consultation
If you’ve been diagnosed with a work-related repetitive stress injury, do not delay seeking the compensation that is rightfully yours. Gillick Wicht, Gillick & Graf are seasoned worker’s compensation attorneys you can rely on, based in Brookfield, Wisconsin. From Milwaukee and beyond, we fight for the benefits of injured workers.
To discuss your injury and your legal options, our law firm offers free consultations. If you have had your claim denied or are just not sure about how to move forward with your injury case, we are here to help. Contact our Brookfield worker’s comp benefits lawyer at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation and learn more about how we can help you with your repetitive stress injury claim. You do not have to go through the worker’s compensation system alone. Let us guide you through every step of this process.