Introduction
From a legal perspective, repetitive strain injuries (RSI) are a growing and concerning workplace dilemma for employees and employers alike. RSI leads to chronic conditions that plague workers for prolonged periods of time, negatively impacting productivity, and resulting in chronic pain. In the following sections, I provide an in-depth overview of the repetitive strain injuries, focusing on the legal aspects and the nuances of medical records review, which can strengthen the case for lawyers acting on behalf of the workers.
Overview of Repetitive Strain Injuries
What are Repetitive Strain Injuries?
These injuries are strains due to overuse and repetitive movements of specific body parts. The following are the common areas that are affected:
• Wrists and hands
• Shoulders
• Neck
• Back
Statistics on Repetitive Strain Injuries
RSI injuries are some of the most common workplace injuries and the repetitive strain injuries accounts for almost 30% of all workplace injuries is a staggering statistic. The attorneys working in an industry should understand the frequencies and implications of these statistics.
Common Causes and Symptoms
Causes of Repetitive Strain Injuries
Repetitive strain injuries (RSI) may result from the following:
• Repetitive Activities: Jobs where the same movements are done repeatedly over long durations, like typing and assembly line tasks.
• Work-related Ergonomics: An unsuitable workstation configuration increases the risk of straining the muscles and joints.
• Overexertion: Strain injuries may result from overexertion of physical tasks.
Symptoms of Repetitive Strain Injuries
Common signs and symptoms of RSI are:
• Pain and discomfort in the affected part
• Swelling or inflammation may occur to the affected area
• Slight shot of electrical current or numbness
• Decreased motion in the affected joint
Legal Protections for Workers
Workers’ Compensation Laws
Workers’ compensation laws safeguard employees for RSIs, providing different protections in different states including:
• Medical services
• Average weekly salary for the duration of their unfitness for work
• Physical therapy
Federal Protections
Federal law under OSHA mandates that employers provide a workplace free from health risks, including ergonomic design risks that may give rise to RSIs.
Identifying and Proving RSIs
Identifying Repetitive Strain Injuries
Identifying RSIs typically includes:
• An evaluation of health conditions by a qualified medical practitioner
• Patient medical history with particular reference to daily routines and activities
• Assessment of the workplace and its conditions
Legal Proving RSIs
For legal proof of an RSI claim, a lawyer’s responsibility includes establishing:
• Recognition of the workplace conduct and the injury incurred
• Legal proof showing the absence of legal obligations on the employer’s side
• Legal proof showing medical verdicts alongside treatment and persistent symptoms of the injury
Available Types of Compensation
Medical Expenses
Compensation explicitly covering the following medical-related expenses may be directly associated with RSIs:
• Medical assessments and consultations associated with treatment
• Physical therapy and related services
• Subsequent medical treatment, if needed
Lost Wages
Lost wages may include unpaid to work as a result of an RSI including:
• Payments covering unpaid wages
• Projected wages for the future
Pain and Suffering
Victims may claim mental and emotional suffering, including bodily injury as a result of the injury for the following:
• Emotional distress
• Decreased quality of life
Punitive Damages
Punitive damages intended to deter similar conduct may be awarded in gross negligence cases.
The Purpose of Reviewing Medical Records
Value of Medical Records
The importance of medical records goes beyond the documentation of a patient’s medical history. In particular, they are crucial in defining the injuries and assessing the injuries in relation to the victim’s life.
A proper review can:
• Identifying Pre-existing Medical Conditions: Determine the injury’s causative factors and its association with the occupational duties.
• Support Claimant’s Further Treatment Justification: Justify the necessity for on-going treatment and rehabilitation.
How We Aid Attorneys
• Comprehensive Reviews: We assist attorneys in building stronger cases by providing detailed medical records review with comprehensive analyses.
• Expert Comments: We are able to furnish an expert opinion on the medical issues of the case if needed.
Case Studies
Case Study 1: Office Worker Suffers from Carpal Tunnel Syndrome
Overview of the Case: An office worker aged 35 developed carpal tunnel syndrome because of frequent computer usage.
Challenges: Establishing the condition’s causation, whether it was work-related or a result of pre-existing factors.
Solutions: Gathering comprehensive medical records coupled with work-site ergonomic assessments to demonstrate the injury’s work-related causation.
Case Study 2: Factory Worker with Tendonitis
Overview of the Case: An assembly line worker aged 40 developed tendonitis from performing repetitive tasks for long durations
Challenges: Proving lack of safe working conditions as the employer’s negligence.
Solutions: Utilizing expert opinions and detailed medical records that clarified the injuries and their squealed.
Conclusions
Attorneys advocating for clients with repetitive strain injuries need to grasp the complexities involved. Utilizing medical records review enables attorneys to build a stronger case and, coupled with relevant compensation laws, improve the compensation awarded.
