Wednesday, August 4, 2010
Injured at work? What work comp allows for repetitive trauma
[caption id="attachment_11221" align="alignleft" width="300" caption="Typing - wikimedia commons"][/caption]
News Editor - Some injuries come from activities that occur over time, whether that is from asbestos or typing in an office. Those who suffer from them can
often claim workers compensation benefits.
Most people think of work injuries as something that happens suddenly,where a box falls on someone's arm or a worker hurts a back from lifting heavy equipment.
There are many cases, however, where work injuries occur gradually. After years of typing, a clerical worker can develop carpel tunnel syndrome,
which occurs when the median nerve, which runs from the forearm into
the hand, becomes pressed or squeezed at the wrist. The median nerve
controls sensations to the palm side of the thumb and fingers.
Carpel tunnel is one of a number of repetitive motion injuries that can
occur on the job and for which a worker can receive benefits from the
employer until the disability issues have been resolved or stabilized.
Law firms such as Popowski, Callas & Shirley, explain what the workers compensation laws are substantially about, using South Carolina
as an example.
What they tell us is that workers' compensation laws ensure that workers who are injured on the job have financial support, regardless of
who is responsible for the injuries. Workers' comp benefits cover the costs of medical treatments and compensate injured employees for lost
wages while they are unable to work.
Workers compensation claims increase during recessions and also there are more contests over whether claims are valid or not.
But this is important in understanding how this all works in terms of who is at fault for work accidents. "Unlike a personal injury lawsuit
where an injured person must demonstrate that his or her injuries were caused by the negligence of someone else, workers' compensation does not consider responsibility or fault." explains attorneys who use South Carolina laws as an example.
On the other hand, South Carolina workers' compensation laws, the worker must demonstrate a clear causal connection between the work
activities and the injuries sustained on the job. This is similar to the laws of Hawaii and most other states
With repetitive motion injuries, it can be more difficult to establish a claim because it may be unclear that an injury has actually occurred on
the job.
Ultimately the worker seeking benefits bears the burden of proof and must demonstrate the connection between the work activities and the
injury. That's why many people with these types of injuries seek the advice and counsel of attorneys who specialize in workers compensation
injuries.
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