You poured your blood, sweat, and tears into your job, and now you're paying the price. That searing pain in your wrist, the numbness and tingling in your fingers, the aching in your shoulders that keeps you awake at night. You've given your all to your work, and in return, it's left you with a debilitating repetitive motion injury. But when you turn to Virginia's workers' compensation system for help, you're in for a cruel surprise: these conditions aren't typically covered.
At Dulaney, Lauer & Thomas, we understand the devastating impact this reality has on hardworking Virginians. We've seen too many lives shattered by job-related repetitive trauma, only to have the workers' comp system slam the door in their faces. Our skilled Virginia workers’ comp attorneys are here to tell you that you still have options, and we're ready to fight for the justice and support you deserve.
What Is a Repetitive Motion Injury?
A repetitive motion injury, also known as a repetitive strain injury (RSI), is a type of injury that develops gradually over time due to repeated physical stress on a particular body part. RSIs are common in the workplace, especially in jobs that involve:
- Typing or data entry
- Assembly line work
- Heavy lifting or carrying
- Frequent reaching overhead
- Vibrating equipment use
- Prolonged awkward postures
The constant strain and overuse can cause damage to muscles, nerves, ligaments, and tendons, leading to symptoms like:
- Pain, aching, or throbbing
- Numbness or tingling sensations
- Stiffness or weakness
- Burning or cramping
- Swelling or inflammation
Some of the most prevalent repetitive motion injuries include carpal tunnel syndrome, tendonitis, bursitis, and thoracic outlet syndrome. These conditions can range from mild to severe, and may require extensive medical treatment, physical therapy, and even surgery to correct.
Virginia Workers' Comp Denies Repetitive Motion Injury Claims
Under Virginia law, an injury only qualifies for workers' compensation if it:
- Occurs at a specific time and place
- Is caused by a particular work-related incident
- Results in a sudden, obvious mechanical or structural change in the body
This strict definition excludes the vast majority of repetitive motion injuries, which develop gradually over time through repeated physical stress. No matter how directly your job duties led to your RSI, Virginia generally considers it a non-compensable "ordinary disease of life."
Narrow Exceptions for Certain Conditions
There is a notable exception to Virginia's hard-line stance against covering repetitive motion injuries. Under Virginia Code § 65.2-400, the following occupational injuries are eligible for workers' comp coverage if they are caused by work-related repetitive motion:
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Carpal tunnel syndrome
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Bursitis
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Ulnar nerve entrapment (cubital tunnel syndrome)
But proving that these conditions arose out of and in the course of your employment is an uphill battle. Virginia places a heavy burden on workers to establish a conclusive causal connection between their job duties and their diagnosis.
To win a repetitive motion workers' comp claim for carpal tunnel or a similar condition, you'll need:
- Clear medical evidence. Your doctor must state to a reasonable degree of medical certainty that your condition is causally related to your work activities. A tentative opinion is not enough.
- Detailed occupational history. You'll need to provide specific information about the repetitive and forceful nature of your job duties over time, ideally supported by objective evidence, such as ergonomic assessments.
- Ruling out non-work causes. You must demonstrate that non-occupational factors like hobbies, prior injuries, or medical conditions did not significantly contribute to your repetitive strain injury.
Building this level of proof requires extensive medical records, expert testimony, and a thorough understanding of Virginia's workers' compensation system. It's not a battle you should fight alone.
Taking Legal Action Against Third Parties for Work-Related RSIs
While Virginia's workers' comp law is stacked against repetitive motion injury sufferers, you may have grounds for a personal injury claim if a third party (someone other than your employer) shares blame for your condition.
Depending on the circumstances, you may be able to sue:
- Equipment manufacturers. If your RSI was caused or worsened by a defective or unreasonably dangerous tool or machine, you may have a product liability claim.
- Property owners. If a hazardous condition on someone else's premises contributed to your repetitive strain injury, the property owner may be liable.
- Contractors or vendors. If the negligence of a third party at your worksite played a role in your RSI developing, they can be held responsible.
In a third-party liability claim, you can seek compensation for damages that workers' comp doesn't cover, such as pain and suffering, emotional distress, and the full extent of your past and future lost wages.
Of course, proving the connection between a third party's negligence and your repetitive trauma injury is rarely simple. That's why you need a skilled and tenacious work injury attorney on your side.
Moving Forward After a Repetitive Motion Injury at Work
Coping with the physical agony of a job-related RSI is hard enough. However, being denied workers' compensation benefits you counted on can leave you feeling hopeless and betrayed. Please know that you're not alone—and you have allies ready to stand up and fight for you.
At Dulaney, Lauer & Thomas, we refuse to let the workers' comp system have the last word when it comes to repetitive strain injuries. Our workers’ comp lawyers will dig deep to uncover every potential source of third-party liability in your case and build the strongest claim for the maximum compensation possible. Your pain and struggles matter, and we'll make sure your voice is heard loud and clear.