Law Office of James M. Hoffmann Articles Workers' Compensation and Repetitive Motion Injuries

Workers' Compensation and Repetitive Motion Injuries

By James M. Hoffmann  Oct. 13, 2014 1:18p

When repeating the same movements over and over is part of a worker’s daily routine, the worker is at risk for repetitive motion injuries.

Repetitive motion injuries include painful conditions such as tennis elbow or carpal tunnels syndrome. The treatment for this type of injury is often questioned by a workers' compensation insurance company and a claim may be denied. If this has happened to your workers' compensation claim, contact a Missouri workers' compensation attorney. An attorney can help you appeal the denial and receive the compensation you deserve.

Proving Repetitive Motion Injuries Are Work-Related

In order for your appeal in front of the Missouri Labor Board to be successful, you will need to prove that:

  • The injury is a direct result of continued employment.
  • That work-related activities led to the injury.
  • There is a level of disability and its nature.

Appealing the Denial of Your Workers' Compensation Claim

When your request for compensation for the medical costs associated with a repetitive motion injury are denied, you have the right to appeal that decision with the Missouri Labor Board. This is a process that is very similar to a court trial, necessitating a Missouri workers' compensation attorney familiar with the process to represent you.

Your attorney will gather evidence to present as well as expert medical witnesses who are able to testify on your behalf. Your employer and the insurance company will also be given the opportunity to present evidence. The board will examine the evidence from both sides carefully before making a decision on how much compensation you should receive.

Case Study of an Airplane Mechanic

A Missouri airplane mechanic suffered injury to his hands, arms, and upper extremities after years of working with small materials over his head. His repetitive motion injuries caused a disability, preventing him from performing many of his usual tasks. After hearing both sides, the board decided in favor of the employee, awarding him over $10,000 in benefits.

These types of workers' compensation claims are complicated, and require you to prove that outside factors from your non-work-related activities were not the cause. You will also need compelling medical evidence that supports your claim of disability. Since there is no accident directly related with a repetitive motion injury, you will have to document the initial doctor’s appointment and diagnosis and bring it immediately to the attention of your supervisor. Make sure that you follow the directions carefully in order to ensure you cannot be denied based on not following workers' compensation procedures.

Speak to a Missouri workers' compensation lawyer if your claim is being denied. Call The Law Office of James M. Hoffmann at (314) 361-4300 for a free consultation.

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