Repetitive Stress Work Injury Claims for Texas Non-Subscriber Employees
Numbness and tingling in your wrists at the end of a long shift. Aching shoulders that make it difficult to sleep at night. Searing pain shoots down your back every time you try to lift something heavy at work. If these scenarios sound familiar, you may be suffering from a repetitive stress injury due to the physical demands of your job.
As an employee in a Texas non-subscriber workplace, you can't rely on workers' compensation benefits to pay your medical bills and replace a portion of your lost wages while you recover. However, this doesn't mean you're without options. The experienced Pasadena work injury lawyers at SJ Injury Attorneys can help you explore your legal right to compensation.
Common Types of Repetitive Stress Injuries
Repetitive stress injuries, also known as repetitive strain or overuse injuries, refer to any type of injury to the muscles, nerves, ligaments, or tendons caused by overuse and repetitive movement. The longer you perform a repetitive task, the more severe the injury can become.
Examples of repetitive stress injuries include:
- Carpal tunnel syndrome. This type of nerve damage often affects office workers who type or use a computer mouse for several hours per day. Symptoms include numbness, weakness, and tingling in the wrist, hand, or forearm.
- Bursitis. Bursitis is the painful inflammation of the bursae, which are small fluid-filled sacs that provide cushioning between muscles, tendons, and joints. Bursitis often occurs in the elbows or shoulders due to repetitive overhead movements.
- Tendonitis. Tendonitis occurs when tendons are inflamed or irritated. This condition often affects the knees, wrists, heels, elbows, or shoulders and causes pain and tenderness around the affected joint.
- Epicondylitis. Commonly known as "tennis elbow," this repetitive stress injury affects the tendons in the elbow. Lateral epicondylitis affects the outer tendons while medial epicondylitis impacts the inner tendons.
- Trigger finger. Trigger finger is a condition in which a finger or thumb gets stuck in a bent position, often accompanied by stiffness and tenderness at the base of the affected digit. It is common in workers who frequently grasp tools.
Industries With High Risk of Repetitive Stress Injuries
While repetitive stress injuries can happen in any occupation, some industries carry a higher risk. These include:
- Manufacturing and production. Assembly line work often requires employees to perform the same motion for hours at a time.
- Construction. Hammering, drilling, sawing, sanding, and other repetitive motions put workers at risk for overuse injuries.
- Warehousing. Heavy lifting, overhead reaching, bending, and twisting to move products on and off shelves leads to repetitive strain.
- Healthcare. Nurses, nursing assistants, and orderlies may develop overuse injuries from frequently repositioning patients.
- Office work. Sitting at a desk, typing, using a mouse, and cradling a phone between the ear and shoulder can all cause repetitive stress injuries over time.
If a repetitive stress injury is preventing you from working in one of these high-risk industries, a Pasadena work injury lawyer can help you explore your options for compensation.
Proving Employer Negligence in Non-Subscriber Workplaces
In a non-subscriber workplace, you must prove your employer's negligence contributed to your repetitive stress injury to receive compensation. Some examples of negligence include:
- Failing to provide adequate safety gear and protective equipment
- Not allowing sufficient rest breaks
- Ignoring complaints about poorly designed workstations
- Refusing to modify job tasks to reduce the risk of injury
- Neglecting to train employees to perform their jobs safely
A Pasadena work injury lawyer can gather evidence to build a strong case demonstrating how an employer's actions (or inaction) are to blame for the development of a repetitive stress injury.
Compensation for Long-Term Effects of Repetitive Stress Injuries
Many repetitive stress injuries require extended time off work to heal. Some injuries may be so severe that you can't return to your previous job. A successful non-subscriber workplace injury claim should include compensation for:
- Past, current, and future medical expenses related to your repetitive stress injury
- Costs of physical therapy and rehabilitation
- Lost wages from missed work
- Loss of future earning capacity if you can't return to your previous job
- Pain and suffering
- Mental anguish
- Disfigurement (e.g., surgical scars)
The exact value of your repetitive stress injury claim will depend on factors such as the severity of your condition, your prognosis for recovery, and the strength of evidence showing your employer's negligence.