Repetitive strain injuries (RSIs) are frequent workplace conditions that arise over time from repetitive movements, improper posture, or prolonged physical strain. If you’ve sustained an RSI while on the job in Kentucky, you may be eligible to file a workers’ comp claim to cover all medical expenses, lost income, and rehabilitation costs. This guide reviews the steps to file a Kentucky workers’ comp claim for repetitive strain injuries, ensuring that your rights are protected throughout the process.

Understanding Repetitive Strain Injuries

Repetitive strain injuries occur when muscles, tendons, or nerves are overused or subjected to continuous stress. Common examples include:

• Carpal tunnel syndrome: Usually caused by repetitive hand and wrist movements, such as typing.
• Tendonitis: Inflammation of tendons due to overuse.
• Bursitis: Irritation of the bursae, small fluid-filled sacs that cushion joints.
• Rotator cuff injuries: Damage to the shoulder due to repetitive lifting or reaching motions.

Unlike traumatic injuries that result from a single incident, RSIs develop gradually, making them more challenging to prove in workers’ compensation cases.

Kentucky Workers’ Compensation Overview

Kentucky law requires most employers to carry workers’ compensation insurance. This provides benefits to employees who are injured or become ill due to workplace conditions, including repetitive strain injuries. These benefits can include:

• Medical expenses: Coverage for doctor visits, surgeries, medications, and therapy.
• Temporary total disability (TTD): Payments for lost wages during recovery.
• Permanent partial disability (PPD): Compensation if the injury results in lasting impairment.
• Vocational rehabilitation: Assistance with re-training or finding a new job if the injury prevents you from returning to your previous role.

Steps to File a Kentucky Workers’ Comp Claim for RSIs

Recognize Symptoms and Seek Medical Attention

Repetitive strain injuries often start with minor discomfort that worsens over time. Early symptoms may include:

• Pain or tenderness in the affected area.
• Tingling, numbness, or weakness.
• Limited range of motion or stiffness.

Visit a healthcare provider ASAP to document the injury and receive appropriate treatment. Kentucky workers’ compensation requires medical evidence linking your RSI to your job duties.

Notify Your Employer

Kentucky law mandates that employees report workplace injuries to their employer as soon as possible. For RSIs, this can be tricky since symptoms may develop gradually. Once you suspect that your condition is work-related:

• Notify your supervisor in writing. Include details about your symptoms, job tasks, and the timeline of your injury.
• Retain a copy of your report for your records.

Failing to notify your employer in a timely fashion could jeopardize your workers’ compensation claim.

File a Workers’ Compensation Claim

After notifying your employer, they must provide you with the forms to file a workers’ compensation claim. Here’s what to do:

• Complete the Employee Claim Form: Include detailed information about your injury, job duties, and medical diagnosis.
• Submit Supporting Documentation: Attach medical records, doctor’s notes, and any evidence of how your job caused or contributed to the injury.

Employers must file the claim with their workers’ compensation insurance carrier, who will investigate and determine your eligibility for benefits.

Cooperate with the Insurance Carrier

The insurer may request additional documentation, such as:

• Employment records showing your job duties.
• Independent medical evaluations (IMEs) to assess your condition.

Cooperate fully, but consult an attorney before signing any agreements or providing recorded statements to the insurer.

Understand the Deadlines

In Kentucky, workers’ compensation claims are subject to strict deadlines:

• Notice to employer: Must be provided “as soon as practicable.”
• Filing a claim: Claims must generally be filed within two years from the date of injury or the last payment of temporary total disability benefits, whichever is later.

Timely action is essential to preserve your rights.

Challenges in Filing RSI Claims

Proving an RSI is work-related can be more challenging than other injuries. Insurance companies may argue that your condition:

• Was pre-existing.
• Resulted from activities outside of work.
• Is not severe enough to warrant compensation.

To strengthen your claim:

• Maintain detailed records of your symptoms, job tasks, and medical treatments.
• Obtain a written opinion from your treating physician linking the RSI to your job.

What to Do If Your Claim is Denied

If your claim is denied, don’t lose hope. Common reasons for denial include insufficient evidence or missed deadlines. In Kentucky, you can:

1. Request a Reconsideration: Provide additional documentation to support your claim.
2. File an Appeal: Appeals are handled by the Kentucky Department of Workers’ Claims. This process involves a hearing where you can present evidence and witness testimony.

Consulting an experienced workers’ compensation attorney can significantly improve your chances of success during the appeals process.

Tips for Preventing RSIs in the Workplace

Prevention is key to avoiding repetitive strain injuries. Both employees and employers can take proactive steps, such as:

Employers:

• Provide ergonomic workstations.
• Rotate job duties to reduce repetitive tasks.
• Offer regular breaks and stretching exercises.

Employees:

• Use proper posture and techniques.
• Report early symptoms to supervisors.
• Wear supportive braces or equipment if needed.

Conclusion

Filing a Kentucky workers’ comp claim for repetitive strain injuries requires diligence, medical evidence, and adherence to deadlines. Understanding your rights under Kentucky law can help ensure you receive the benefits you deserve. 

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

Navigating a Work Injury can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.