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Repetitive Stress Injuries: Your Fault, Or Your Employer's?

Law Blog

Repetitive stress injuries are no longer limited to carpal tunnel syndrome and secretaries. Instead, any job that requires a repetitive action that stresses joints and soft tissues beyond the normal wear and tear on the expected body parts now qualifies as a repetitive stress injury. The problem a lot of employees are having is trying to decide if they should hire a personal injury lawyer and sue, or if they are the ones responsible for their own injuries and they should let it go. Here are some things to ask yourself if you are in this situation.

​Will Your Employer's Insurance Cover All of the Medical Costs Related to the Stress Injury?

If your employer's health insurance package for you and all fellow employees will cover the medical care necessary for the stress injury you have, then you do not really need to sue. The important aspect here is that the injury is covered, and that you do not have to worry about any major out-of-pocket expenses in the future. If the insurance did not cover this injury or any related expenses, or your employer did not provide health insurance for you, then you can sue.

​Did the Employer Have You Sign a Waiver?

​Most employers are aware of the potential for repetitive stress injuries related to the jobs in their companies. They may or may not have employees sign waivers to avoid potential lawsuits in the future. If your employer had you sign any sort of waiver attesting to the fact that both parties were aware of the possibility of a repetitive stress injury working in the job long-term, and that you agreed never to sue, then you cannot sue. In essence, you are saying, "I knew it, I was told, and I agreed to the terms. It is my fault if I have an injury." If you never signed such a waiver, and you are faced with high medical expenses not covered by insurance, you can sue.

It Is Never Your Fault

​Yes, you know about the "white finger syndrome," carpal tunnel, and the effects of a jackhammer on the upper body. Even when you know, and you know it is a risk of the job, it is not your fault when you are hurting. In fact, when you do start to feel some nerve damage, it is up to your employer to make adjustments to your job so that you can keep working. If your employer does not, or if they fire you because of your injury, you can sue.

Contact a personal injury lawyer for more help.

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10 January 2019