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Challenges With Repetitive Trauma Injuries and Illinois Workers’ Compensation Claims

October 22nd, 2015 at 3:02 pm

repetitive trauma, work comp, Illinois Workers' Compensation AttorneyWorkers’ compensation can be claimed for repetitive trauma injuries and not just for major injuries that occur in a single accident. The law in Illinois presents some challenges for people trying to file workers’ compensation claims based on these injuries. The issues include knowing what types of injuries are covered, and presenting the claim so it meets the requirements of state law.

Types of Injuries

Frequent and repeated motions or movements over a period of time cause repetitive trauma injuries. These injuries are common in jobs that require the same parts of the body are doing the exact same motion day after day.

Construction jobs where heavy vibrating power tools must be used frequently often cause repetitive trauma injuries. Another common cause is jobs that require a lot of typing on a keyboard.

Some typical types of repetitive trauma injuries include:

  • Carpal Tunnel Syndrome
  • Rotator Cuff Injuries
  • Herniated Disks
  • Cubital Tunnel
  • De Quevain’s Syndrome
  • Tendonitis

What You Have to Prove

While each claim is unique, under Illinois law, every workers’ compensation claim must show a date of injury, that the claim was timely filed, and that the injury was work related. Claims may also have other requirements to be successful. The date of injury and the showing the injury is work related can sometimes be a challenge in repetitive trauma injuries.

Date of Injury

For many injuries, determining the date of injury is easy. When did the accident happen that caused the injury. But, repetitive trauma injuries happen over a period of time and cause the gradual deterioration of different parts of the body. Under the current law, a claimant with a repetitive trauma injury should notify their employer as soon as they learn that their injury or pain is work related.

The law has become more flexible than it once was in finding the date of a repetitive trauma injury, but the sooner you notify your employer the better. If you have any questions about reporting to an employer or your workers’ compensation rights, you should contact a lawyer right away. Time is of the essence.

Work Related

Just like with the date of an injury, for many workers’ compensation cases showing the injury is work related is simple. But, some repetitive trauma injuries are from pre-existing injuries or are aggravated by work and by actions of the employee when they are at home.

The law in this area can be complex and will depend heavily on the facts of each individual claim.

If you have been hurt on the job, don’t risk making a mistake, Contact an experienced DuPage County workers’ compensation attorney right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

 

Source:

http://www.iwcc.il.gov/act.pdf

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