Repetitive strain injuries (RSIs) can be just as debilitating as acute workplace injuries, yet they often go unreported or unrecognized. In Vermont, workers suffering from RSIs have the right to seek compensation under the state’s workers’ compensation laws. However, proving and filing a claim for an injury that develops over time can be challenging. This guide explains how to navigate the Vermont workers’ compensation system for repetitive strain injuries, ensuring you receive the benefits you deserve.

What Is a Repetitive Strain Injury?

A repetitive strain injury (RSI) is caused by repetitive motions, forceful exertions, vibrations, or prolonged awkward positions that stress muscles, tendons, and nerves over time. Unlike traumatic injuries, RSIs develop gradually and can worsen without proper treatment. Common RSIs include:

• Carpal tunnel syndrome – Compression of the median nerve in the wrist, that is often caused by typing, assembly line work, or using hand tools.
• Tendonitis – Inflammation of the tendons, frequently occurring in the shoulders, elbows, or wrists due to repetitive lifting or reaching.
• Bursitis – Swelling in the fluid-filled sacs that cushion joints, often affecting workers who perform repetitive kneeling, lifting, or overhead movements.
• Rotator cuff injuries – Damage to the muscles and tendons in the shoulder from frequent overhead work.
• Tennis elbow (lateral epicondylitis) – Strain on the forearm tendons, common in jobs that involve repeated gripping or twisting motions.

These injuries are prevalent in industries such as construction, manufacturing, healthcare, office work, and retail. Because symptoms develop gradually, workers may delay reporting them, which can affect their claim.

Eligibility for Workers’ Compensation in Vermont

Vermont law requires employers to carry workers’ compensation insurance, which covers medical expenses, wage replacement, and disability benefits for employees that are injured on the job. To qualify for workers’ compensation for an RSI, you must establish that:

1. Your injury is work-related and developed due to job duties.
2. You are an employee (not an independent contractor).
3. You reported the injury within the required timeframe.

Since RSIs do not result from a single incident, proving their work-related cause can be difficult. Medical records, job descriptions, and expert testimony can help strengthen your claim.

Steps to File a Vermont Workers’ Compensation Claim for an RSI

1. Recognize and Document Symptoms

Because RSIs worsen over time, early detection is essential. Symptoms may include pain, numbness, tingling, weakness, or loss of coordination. Keep a record of when symptoms began, how they impact your work, and whether certain tasks aggravate them.

2. Report the Injury to Your Employer

Under Vermont law, you must notify your employer as soon as possible after discovering a work-related injury. Although Vermont does not impose a strict deadline, delaying notification could weaken your case. Provide a written statement detailing your symptoms, job duties, and when you first noticed discomfort.

3. Seek Medical Attention

A doctor’s evaluation is critical for diagnosing and documenting your RSI. Tell your healthcare provider that your injury is job-related, and describe your daily work activities. Vermont allows injured workers to choose their own doctor, but insurers may require an independent medical examination (IME).

Your medical records should include:

• A diagnosis of your condition.
• A detailed explanation of how your work contributed to the injury.
• Recommended treatments, such as physical therapy, medication, or ergonomic adjustments.

4. File a Workers’ Compensation Claim

Your employer is responsible for filing Form 1 – First Report of Injury with the Vermont Department of Labor (VDOL). If your employer fails to do so, you can submit Form 5 – Employee’s Notice of Injury and Claim for Compensation directly to the VDOL.

You should also notify your employer’s workers’ compensation insurance carrier. Keep copies of all forms, medical records, and any correspondence related to your claim.

5. Cooperate with the Insurance Investigation

Once your claim is filed, the insurance company will investigate whether your RSI qualifies for benefits. This process may involve:

• Reviewing medical records and employment history.
• Conducting an independent medical examination (IME).
• Assessing workplace conditions and ergonomic risk factors.

If approved, you may receive compensation for medical bills, wage replacement (typically two-thirds of your average weekly wage), and vocational rehabilitation if you cannot return to your previous job.

What If Your Claim Is Denied?

Insurance companies often challenge RSI claims, arguing that the injury is pre-existing, non-work-related, or insufficiently documented. If your claim is denied, you can:

1. Request a reconsideration – Provide additional medical evidence or clarify inconsistencies in your case.
2. File an appeal – Submit a Notice of Appeal (Form 6) to the VDOL within six months of the denial.
3. Attend mediation or a formal hearing – The VDOL may arrange a settlement meeting or schedule a hearing before a workers’ compensation judge.
4. Consult a workers’ compensation attorney – Legal representation can improve your chances of a successful appeal, especially if the insurer disputes your injury’s severity or work-related cause.

Preventing Repetitive Strain Injuries in the Workplace

Although workers’ comp provides benefits for RSIs, prevention is the best approach. Employers and workers can take proactive steps to reduce RSI risks, including:

• Ergonomic adjustments – Providing adjustable desks, chairs, and keyboards to minimize strain.
• Workplace training – Educating employees on proper posture, lifting techniques, and stretching exercises.
• Frequent breaks – Encouraging short rest periods to relieve muscle fatigue.
• Rotating tasks – Reducing repetitive movements by alternating job duties.

These measures not only protect employees but also help employers lower workers’ compensation claims and improve productivity.

Conclusion

Filing a Vermont workers’ compensation claim for a repetitive strain injury requires thorough documentation, prompt reporting, and persistence. Since RSIs develop gradually, proving their work-related cause can be challenging, but medical evidence and workplace records can support your claim. If an insurer denies your benefits, appealing the decision and seeking legal guidance can help you secure the compensation you need. By understanding your rights and the claims process, you will be able to take the necessary steps to protect your health and financial stability.

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

Navigating a Workers Comp Claim in Vermont 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.