Victorville
Repetitive Motion Injury Lawyer

Are you dealing with a repetitive motion injury (RMI) related to your job? If you have an RMI, including carpal tunnel syndrome, tendinitis, and other RMIs, seeking legal help can be an overwhelming and confusing process. Whether your injury has made it difficult for you to continue working or has hindered your ability to maintain a quality of life, a Victorville repetitive motion injury lawyer can be a great help.

Navigating the medical and legal minefields of such injuries and workers’ compensation claims can make you feel overwhelmed and not sure who to turn to. Experienced legal help is important not only for helping you navigate the medical and legal mazes but also for making sure you get the care and justice you deserve. If you have a repetitive motion injury, it is important to get the legal help you need to reduce the stress and burden of your injury as soon as possible.

Why Kampf, Schiavone & Associates?

When you opt for the services of Kampf, Schiavone & Associates, you are choosing a reputable firm with extensive experience and commitment to safeguarding your rights in case of injury in Victorville or anywhere within California’s Inland Empire. Since 1985, our primary focus has been on assisting clients in seeking fair resolutions. Over the years, we have successfully secured over $250 million through verdicts and settlements across various cases, such as workers’ compensation, medical malpractice, personal injury, and other related claims.

Our key strength lies in our principal attorney, W. Roger Kampf, who previously held positions as a supervisor and senior adjuster at a prominent insurance company before transitioning into law. This background equips us with profound insights into insurance practices and effective strategies for advocating your case against them. While our legal team excels in negotiations, we are also fully prepared for litigation if required. Should the need arise, we are ready to present your case before a judge and jury to pursue justice on your behalf.

Understanding Repetitive Motion Injuries

Repetitive motion injuries (RMI) are a class of workplace injuries that are the result of activities involving repetitive physical movements that cause strain to body parts. Muscles, nerves, ligaments, and tendons are the most common parts injured. Examples include carpal tunnel and tendinitis – injuries related to repetitive motions that are a common occurrence for workers who perform continuous repetitive tasks on the job.

In California, workers’ compensation covers RMI injuries if found to be work-related and can provide for medical treatment, disability benefits, and sometimes job retraining. However, there must be a clear connection between the injury or disease and the work itself. This connection is key to the approval of a claim.

Are Repetitive Motion Injuries Work-Related?

In California, in order for an injury to be covered under workers’ compensation laws, there must be a sufficient connection between the injury and the job duties. Because RMIs often progress over time rather than as a single, acute injury, claims can be complex and difficult to prove. In California, the compound result of repetitive motions over time is actionable (an occupational hazard that can cause carpal tunnel syndrome, bursitis, or tendinitis).

The state requires employees to provide medical evidence that shows job activities were a dominant factor in the occurrence of the RMI. That involves medical exams and may include workplace ergonomic assessments. If an employee can establish that their repetitive motion injury predominately stems from performing work tasks, then the resulting injury rises to the level of a work injury, and the law allows the employee access to workers’ compensation benefits.

How Does Workers’ Comp Work in California?

California’s workers’ compensation is a so-called ‘no-fault’ system: an employee who suffers an injury arising from employment is entitled to receive medical treatment, wage loss benefits, and rehabilitation services regardless of fault. The employee cannot sue their employer to recover these benefits.

If an employee is injured on the job in Victorville, California, the person must tell the employer about the RMI as soon as possible. The employer must then provide the worker with a claim form. With the claim filed, the employee is entitled to medical treatment while the claim is being investigated. If the claim is accepted, the employee will receive benefits that may include:

• Medical care: Paid for by the employer to help recover from the injury.
• Temporary disability benefits: Payments if the worker can’t do their usual job while recovering.
• Permanent disability benefits: Payments if the worker doesn’t recover completely and has lasting effects.
• Supplemental work displacement benefit: Vouchers to assist with retraining or skills enhancement if workers can’t return to their prior job and the employer doesn’t offer other work.

All of these mechanisms exist to ensure that injured workers receive the support to recover or to rehabilitate in their jobs.

Timeline for Workers’ Compensation Claims

A workers’ compensation case in California can stretch on for a long time, depending on how contentious the case is, the severity of the injury, and the level of dispute. The timeline of the process to arrive at a settlement can vary widely.

For the easier scenarios – where the injury is undisputed, the employer and insurance carrier do not deny the claim, and there wasn’t a lot of lost wages – settlements may come quickly. Once a claim is filed, California law requires a prompt start of medical treatment and payment of temporary disability.

However, in a case where there are contested issues – such as the severity of the injury, whether it’s work-related, or whether it qualifies for more or less benefits – it could take a very lengthy time. Where disputes arise, this can create additional milestones in the process – investigations, medical panels, and hearings in front of the workers’ compensation judge.

If the case must be taken to trial or must include appeals of the court’s decision, the time to settlement can increase. Trials and appeals for workers’ compensation can add significant time to a case. An injured worker needs legal representation to access and utilize the workers’ compensation system amid its intricate rules and regulations.

Steps to File a Workers’ Compensation Claim for a Repetitive Motion Injury in California

When a person in California is injured on the job, the procedure for filing for workers’ compensation is essentially the same as it is for any other injury. You want to ensure that things go smoothly and that your rights are protected. The process begins as soon as you become aware that you’re injured or if the injury has a gradual onset when the injury is diagnosed as being caused by your work activities.

• Reporting the Injury: The first step to take is to report the injury to the employer. If the injured worker or a family member does not provide this notification to the employer or the workers’ compensation insurance carrier in writing within 30 days of when he or she knew or should have known that the condition is work-related, according to California law, the employer is then not responsible under workers’ compensation for any treatment, disability payments, or death benefits required by the law.

  Upon observing a reportable work-related injury or illness, the employee should notify supervisors and seek medical attention. In doing so, the employee will produce documentation and initiate the treatment process.

• Inform supervisors: The employee should also inform the supervisor of the incident. The initial entry in the medical report should detail and articulate the relationship between the work task and the injury.
• File the claim: Once the employee reports the injury, the employer should send them the workers’ compensation claim form within one working day. Once it’s sent, the employee must fill it out and return it to officially begin the process.
• Employer’s Diagnosis: Following the filing of the claim, the employer returns the form and additional documentation to its workers’ compensation insurance carrier, which then assesses the claim and makes a determination regarding benefits.

How Are Workers’ Compensation Benefits Calculated for Repetitive Motion Injuries in California?

In California, workers’ compensation for repetitive motion injuries (RMIs) is primarily a function of injury severity, as that is the relevant factor in determining whether the injury has caused a substantial alteration in the worker’s earning capacity. Benefits then include medical expenses, temporary disability benefits, permanent disability benefits, and, sometimes, supplemental job displacement benefits.

• Medical Care: The employee can receive all medically necessary treatment for the RMI without making any co-payments or meeting any deductibles.
• Temporary Disability Benefits: If an RMI prevents the worker from working, temporary disability benefits will be paid.
• Benefits for Permanent Disability If the RMI results in permanent impairment of physical or mental functioning, the worker may qualify for permanent disability compensation, which relates to the worker’s loss in earning capacity based on the functional impairment, work experience, age, occupation, and date of injury.
• Presence of Supplemental Job Displacement Benefits: If you are unable to return to your former job and your employer does not have other work available, you might receive a voucher to help pay for retraining or skill enhancement.

These benefits are calculated in such a way as not only to compensate for the injury’s effect on the worker’s earning capacity but also to encourage them to return to their previous job or in a modified or new job at the company or elsewhere.

Common Challenges in Proving a Repetitive Motion Injury Is Work-Related

An RMI injury may be more difficult to prove as a work-related injury (e.g., by showing an exposure), in part because RMIs develop over time and because RMIs are often precipitated by activities beyond the workplace.

• Steady Onset: In contrast to acute injuries, RMIs are typically a result of gradual changes beginning over weeks, months, or even years. Identifying a relationship between work and the RMI is complicated because the symptoms can develop slowly and start mildly.
• Scoring Threshold (ST): Medical evidence must indicate that the provoking RMI is causally related to work-related functional limitations. This often requires that detailed medical evaluations address ergonomic analyses of the place of work, as well as the employee’s work trajectory.
• Distinguishing Personal from Work Activities: An employee’s personal, non-work activities (e.g., a sport or hobby) could cause or aggravate RMIs, and an employer or insurer might claim that the injury is only partly work-related.
• Unawareness or Reporting: Workers might not immediately recognize the symptoms of an RMI as work-related and, therefore, wait to report or be screened with suspicion about whether the injury was occupationally related.

Overcoming these obstacles entails in-depth medical work-ups and possibly legal action to make a strong case that the RMI is job-related.

Can Employers Dispute a Repetitive Motion Injury Claim, and What Can Employees Do About it?

Employers can dispute a workers’ compensation claim for a repetitive motion injury, and they often do if there is uncertainty about whether the injury is work-related or if there is significant potential liability involved.

• Investigation by Insurers: When a claim is filed, the employer’s workers’ compensation insurer may investigate to verify the injury’s relation to work duties. This can include reviewing medical records, assessing workplace ergonomics, and interviewing coworkers.
• Employer’s Challenge: Employers may dispute claims based on reports that suggest the injury could be due to non-work-related activities or pre-existing conditions.

If a claim is disputed, employees have several recourses:

• Obtain Detailed Medical Opinions: Solid medical evidence linking the RMI to work activities is crucial. Employees might need a detailed evaluation from a specialist familiar with RMIs.
• Legal Representation: Consulting with an attorney who focuses on workers’ compensation can help navigate the complexities of disputed claims.
• Appeals: If a claim is denied, employees have the right to appeal the decision through the workers’ compensation appeals board.

Long-Term Rights and Remedies for Workers with Repetitive Motion Injuries in California

For all California workers unfortunate enough to experience an RMI, the workers’ compensation system confers the following long-term rights and remedies:

• Continued Medical Treatment: Employees retain the right to continuing medical treatment for their RMIs, including surgery, rehab, and alteration of their workstations.
• Compensation for Disability: If an RMI results in permanent disability, the employee is entitled to long-term disability benefits, which are calculated according to the degree of impairment at the time, the employee’s age, and the occupation and wage at the time of injury.
• Enhanced Job-Displacement Training Benefits: California provides supplemental job displacement benefits – job retraining, personally provided outplacement services, or wage reimbursement – to displaced workers who cannot return to their former jobs.
• Protections Against Retaliation: Workers are additionally protected against any form of retaliation by their employers for filing a workers’ compensation claim, including wrongful termination, demotion, or any other form of discrimination.

These are the sorts of remedies that put active management of an RMI on the table with the hope that the worker could return to the job.

Repetitive motion injuries (RMIs) represent a major category of workplace injuries under California’s workers’ compensation laws. These injuries, including conditions like carpal tunnel syndrome and tendinitis, arise from the cumulative stress of repetitive tasks. Understanding the intricacies of how these injuries are evaluated and processed within the workers’ compensation system is crucial for employees and employers alike.

RMIs in California are considered an occupational (work-related) injury if there is competent medical evidence establishing an occupational causal link between the work tasks assigned to the employee and the resulting medical injury. A critical part of the legal definition of an injury is that it was sustained ‘arising out of and in the course of employment.’

Unless this requirement is met, an injured worker will not be eligible for workers’ compensation benefits such as the payment of medical bills, temporary and permanent disability benefits for wages lost due to the injury, and retraining benefits if the worker is unable to return to that same job.

Navigating a workers’ compensation claim for an RMI can be challenging. The process often involves detailed medical assessments, an understanding of ergonomic factors, and, at times, legal disputes regarding the work-relatedness of the injury. Settlement times for these cases can vary, influenced heavily by the specifics of each case, including the severity of the injury and any arising disputes.

With all of this in mind, the process of filing and settling a workers’ compensation claim in California is sure to be confusing, so having the guidance of an experienced attorney can be invaluable. A skilled attorney can help you through the claims process, compile the documentation you’ll need to support your claim and fight for the coverage and benefits you deserve.

Do not go through this process alone. Our team of attorneys at Kampf, Schiavone & Associates is here to assist you and fight on your behalf so that you can get the closure you need to move forward.

Contact a Victorville Repetitive Motion Injury Lawyer

If you have a repetitive motion injury and are unsure about what to do, let us assist you in understanding and navigating the process. Contact us for a consultation today. We are here for you and your family.