Repetitive Motion Injury Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Job-Related Repetitive Stress Injuries

In Illinois, many workers are subjected to tasks that require repetitive motions. These work-related tasks can cause serious injuries, such as broken bones, muscle strains, and tears that affect the worker’s ability to earn money. If you suffer significant damage in this type of incident, you may be entitled to a repetitive motion injury workers’ compensation claim. 

Filing a successful claim can come with some challenges, such as proving your injury occurred in the course of your employment. IL Work Injury Lawyer is a law firm specializing in workers’ comp claims throughout Illinois. Our team can help you secure the benefits you deserve from our office in Chicago.

Workers who suffer from repetitive stress injuries can file for compensation to cover lost wages, medical expenses, disability, and vocational rehabilitation. 

What Are the Most Common Types of Repetitive Stress Injuries in Illinois Workplaces?

Repetitive stress injuries can occur in various industries in Illinois. Our team can represent your interests regardless of the cause of your overuse injuries. Here are some of the most common injuries covered by workers’ comp that are caused by repetitive motion:

• Carpal tunnel syndrome from typing, scanning, assembly work, or awkward hand positions
• Tendonitis from repetitive lifting or reaching
• Bursitis from prolonged kneeling or leaning
• Rotator cuff injuries from overhead work for extended periods
• Tennis elbow (lateral epicondylitis) from tool use or machinery
• Trigger finger from gripping or pinching tools
• Chronic back and neck strain from repetitive movements
• Thoracic Outlet Syndrome due to compression from repetitive motion

What Occupations Are Most At Risk of Repetitive Strain Injuries?

Certain industries are more dangerous than others in terms of causing repetitive strain injuries. Workers in the following occupations should be especially cognizant of these risks:

• Office workers who use computers frequently
• Professional athletes who train and compete
• Healthcare workers who must move patients
• Assembly line workers who do repetitive motions
• Manufacturing and factory employees with frequent lifting in their work duties
• Warehouse workers who move merchandise
• Construction employees who use vibrating equipment and hand tools
• Transportation workers who spend long hours gripping steering wheels
• Hospitality employees who make fast movements with their hands

What Benefits Are Available for Repetitive Strain Injuries in Illinois?

Under the Illinois Workers’ Compensation Act (820 ILCS 305), employees with repetitive stress injuries can seek the following benefits with a workers’ compensation claim:

• Medical expense coverage – Can include therapy, ergonomic modifications, and surgery if necessary
• Temporary total disability (TTD) benefits – Temporary wage replacement for missed time at work
• Temporary partial disability (TPD) benefits – Temporary wage difference coverage for diminished work capabilities
• Permanent partial disability (PPD) benefits – Ongoing wage difference coverage for a reduced working capacity
• Permanent total disability (PTD) benefits – Ongoing wage replacement for severe cases of repetitive strain injuries that prevent the victim from working
• Vocational rehabilitation and maintenance benefits – Covers all reasonable costs associated with training for a new job

How to File a Workers’ Compensation Claim in Illinois

Your best chance of securing fair compensation for your repetitive stress injuries is to follow the procedures correctly. Here are the important steps for pursuing workers’ compensation in Illinois:

• Report the injury to your employer within 45 days of diagnosis or awareness that it is work-related 
• Seek medical treatment from a provider and ensure the injury is documented sufficiently
• Document work duties and how they contribute to the injury with photographs, workstation assessments, and coworker testimony
• File an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) to protect your rights
• Keep detailed records of all treatments, ergonomic recommendations, and time missed from work
• Work with an expert attorney from our firm to ensure the correct calculation of benefits, especially if you require job modifications or cannot return to your prior role

What If My RSI Claim Is Denied?

Insurance companies will try to avoid making payouts to injured workers for medical costs, lost wages, and other workers’ comp benefits. Here are some common reasons why the employer’s insurance carrier could deny your claim:

• The injury is not work-related
• There is a lack of medical proof about the impact of your repetitive motion injury
• You reported the accident too late to qualify for benefits

At IL Work Injury Lawyer, our goal is to support you through the appeal process, which typically involves an IWCC hearing. Our team will gather additional evidence to prove your repetitive strain injury, such as medical test results, doctor testimony, and witness statements. 

Can I File a Third-Party Claim for a Repetitive Motion Injury?

If a repetitive strain injury is the fault of someone other than your employer, you may be able to seek a third-party liability lawsuit. With this type of claim, you must prove negligence led to your legal damages, including lost income, medical treatment costs, emotional distress, and loss of normal life. For repetitive strain injuries, liable parties could include defective equipment manufacturers or negligent contractors. 

Multiple state laws may affect the outcome of your liability claim:

• 740 ILCS 130/ (Premises Liability Act) – Property owners must take reasonable care to prevent hazards on their properties that could cause injuries to lawful visitors 
• 735 ILCS 5/2-21 – (Product Liability Act) – Injured parties can hold manufacturers accountable for defective designs or equipment malfunctions that cause injuries
• 740 ILCS 100/ (Joint Tortfeasor Contribution Act) – Fault can be allocated among multiple parties, which can be useful in third-party liability claims involving repetitive strain injuries

How Long Do I Have to File a Repetitive Strain Injury Workers’ Claim in Illinois?

The statute of limitations for personal injury claims in Illinois is two years from the date of the injury or the date of discovery (735 ILCS 5/13-202). If you wait too long, you will be unable to claim damages caused by a third party. 

Under state law 820 ILCS 305/6(d), workers generally have three years from the date of the injury or two years from the last payment of benefits, whichever is later, to file a workers’ compensation claim.

In either case, waiting to pursue legal action is unwise. The longer you delay, the harder it will be to recover fresh evidence that can support your personal injury or workers’ compensation claim, so you should file in a timely manner to increase your chances of winning. 

How to Prove a Repetitive Stress Injury Claim

If you hope to be eligible for workers’ compensation benefits, you will need to prove the validity of your repetitive strain injury. Our experienced attorneys can help you gather evidence that will support your claim, such as:

• Written accident reports
• Surveillance footage
• Photos of the accident scene and hazards
• OSHA violation reports
• Witness statements
• Medical expert testimony
• Medical care expenses
• Medical records
• Equipment maintenance logs

How Our Experienced Workers’ Compensation Attorneys Can Help

Injured employees often face an uphill battle to receive the full benefits they are entitled to. Understanding workers’ compensation can be challenging, but our team of top-rated lawyers has the experience needed to secure what you deserve. 

An experienced Chicago work injury attorney from IL Work Injury Lawyer can provide the following legal services:

• Collecting medical and ergonomic evidence
• Connecting clients with occupational health experts
• Gathering evidence to build a strong case
• Advocating for fair settlements from insurance companies 
• Representing clients before the IWCC
• Litigating in civil court if necessary

How Common Are RSIs in Illinois?

Repetitive motion injuries are common across the United States and in Illinois. According to the US Bureau of Labor Statistics, overexertion and repetitive motions are the most common causes of musculoskeletal disorders, also known as ergonomic injuries. In 2018, there were almost 273,000 cases of repetitive stress injuries that resulted in days away from work across the country. 

In Illinois alone in 2019, the private industry sector accounted for 1,000 non-fatal injuries related to repetitive motions that led to days away from work. 

FAQs

What is an RSI? 

A repetitive stress injury occurs when a person experiences bodily damage after engaging in the same motion repeatedly. These injuries can involve muscle weakness, ruptured tendons, Carpal Tunnel Syndrome, Rotator Cuff Syndrome, and other conditions.

These work-related injuries can also be called cumulative trauma or repetitive strain injuries. 

What types of physical stress cause repetitive strain injuries?

The main causes of this work-related injury are repeated lifting, awkward hand positions, working with heavy machinery, maintaining a particular posture, frequent carrying, and repeated exposure to certain substances. 

Determining the cause of your injury will play an important role in the outcome of your claim, whether it is a workers’ comp or personal injury case. 

Is carpal tunnel syndrome an RSI?

Carpal Tunnel Syndrome is considered an RSI. It frequently affects office workers and administrative employees who have to type on their computers all day long. 

However, it can also happen to any employee who works with their hands, such as food service and construction industry workers. 

What are common symptoms of repetitive motion injuries?

Common symptoms of these injuries include hearing loss, acute pain, a dull ache, a reduced range of motion, and an inability to work. 

Can RSIs be prevented?

The Occupational Safety and Health Administration has provided numerous standards to protect employees from these workplace accidents. Regulations such as improved ergonomic practices can make it easier to perform repetitive tasks without suffering from them. 

How are repetitive stress injuries treated?

Treatment plans can vary depending on the type of injury and severity. You may need to undergo surgery, emergency care, occupational therapy, and rehabilitation to reach maximum medical improvement. 

In some cases, your medical care may also require the use of assistive devices, such as back braces, shoulder straps, prosthetics, hearing aids, or gloves. 

How soon do I need to seek medical attention to support my claim?

Injured workers should seek medical care as soon as possible after a work-related accident. First, you should prioritize an accurate diagnosis, even if you do not feel severe symptoms right away. Additionally, seeking medical treatment after a delay could allow the insurance company to claim that your injuries were not that serious. 

Make sure you keep all medical records related to your diagnosis and treatment to serve as evidence for your workers’ comp claim. 

Does workers’ compensation cover medical bills for physical therapy?

Yes, a workers’ comp claim can cover medical bills from physical therapy. Medical benefits in the workers’ comp system can be used to pay for all reasonable costs associated with your care, as long as you can prove their necessity. 

The best way to obtain maximum compensation for medical costs is to retain all records and work with an experienced workers’ compensation attorney who can secure doctor testimony. 

Book a Free Consultation

At IL Work Injury Lawyer, we know what it takes to fight for the maximum benefits for a work-related injury. Our team has experience securing evidence, negotiating with insurance companies, and providing compassionate support to injured workers. We also uphold the attorney-client relationship and will protect your confidential information. 

Our Chicago-based firm works on a contingency fee agreement when representing clients across Illinois. This means you owe nothing unless we win your case. Payment is then deducted right from the settlement rather than your wallet. 

Lastly, we offer free consultations so you can ask any questions about the legal process before committing to our services. 

Contact us today to schedule a free consultation with a qualified workers’ compensation attorney at our firm.