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Repetitive Stress Injury Lawyer in Massachusetts
Repetitive stress injuries develop gradually but are fully compensable under Massachusetts workers' compensation. Attorney Jeffrey C. Lavey builds the medical and vocational case for every RSI client. Free consultation. No fees unless we win.
Repetitive Stress Injuries as Compensable Work Injuries
Repetitive stress injuries (RSIs), also called cumulative trauma disorders or occupational overuse injuries, develop over time from the sustained performance of repetitive motions, awkward postures, or forceful exertions required by certain jobs. Unlike acute traumatic injuries that occur in a single identifiable event, RSIs accumulate gradually and are often not recognized as work-related until they reach a level of severity that interferes with work performance. Massachusetts workers' compensation covers occupational diseases including RSIs when they are causally related to work activities. Attorney Jeffrey C. Lavey represents RSI victims throughout Massachusetts.
Common Types of Work-Related RSIs
- Carpal tunnel syndrome: median nerve compression at the wrist from repetitive hand and wrist use
- Tendinitis: inflammation of tendons from repeated loading; common at the elbow (lateral epicondylitis), shoulder (rotator cuff tendinitis), and wrist
- De Quervain’s tenosynovitis: tendon sheath inflammation at the base of the thumb
- Trigger finger: tendon sheath thickening causing finger locking
- Thoracic outlet syndrome: compression of nerves and vessels between the collarbone and first rib
- Lower back injuries from sustained stooping, lifting, or vibration exposure
- Hearing loss from sustained occupational noise exposure
Establishing the Work-Related Cause
The most challenging aspect of RSI workers' compensation claims is establishing that the condition is causally related to work activities rather than non-occupational activities or simply to aging and degeneration. A physician who specializes in occupational medicine is best positioned to evaluate the relationship between the specific job duties, the motions performed, the forces applied, the postures maintained, and the duration of exposure, and the specific RSI condition. Attorney Lavey works with occupational medicine specialists in every RSI case to establish this causal link.
Employer Defenses in RSI Claims
Employers and their workers' compensation insurers commonly challenge RSI claims by arguing that the condition is degenerative rather than occupational, that the employee has hobbies or non-work activities that could have caused the condition, or that the condition predated the employee’s tenure with that employer. Attorney Lavey anticipates and counters these defenses with the medical evidence, job duty analysis, and occupational medicine expert support that each client’s case requires.
Treatment and Compensation for RSI Victims
RSI treatment ranges from conservative management, activity modification, ergonomic accommodation, splinting, physical and occupational therapy, anti-inflammatory medications, and cortisone injections, to surgical intervention for conditions like carpal tunnel syndrome that do not respond to conservative care. Workers' compensation covers all necessary treatment. Wage replacement benefits cover time missed from work. Permanent partial impairment benefits may be available for lasting functional limitations. Attorney Lavey pursues every available benefit for every RSI client.
Frequently Asked Questions
Yes, if the carpal tunnel syndrome is causally related to your work activities. Massachusetts workers' compensation covers occupational diseases, including RSIs like carpal tunnel syndrome, when a physician establishes that the work activities were a major contributing cause of the condition. Attorney Lavey works with occupational medicine specialists to establish this connection in every carpal tunnel workers' compensation case.
The aggravation of a pre-existing condition by work activities is compensable under Massachusetts workers' compensation. If your job has materially worsened a pre-existing carpal tunnel condition, the additional impairment caused by the work aggravation may be compensable. Attorney Lavey advises RSI clients whose conditions involve pre-existing elements on how the aggravation theory applies to their specific circumstances.
Employers frequently argue that an RSI was caused by non-work activities. Attorney Lavey counters this defense with job duty analysis documenting the specific repetitive motions and forces required by the job, occupational medicine expert testimony linking those job demands to the specific RSI, and documentation of the timeline of symptom onset and progression in relation to work activities.
Third-party claims in RSI cases are less common than in acute accident cases, but they do occur. If defectively designed equipment required you to use an awkward posture that caused the RSI, a product liability claim against the equipment manufacturer may be available. If an ergonomic consultant hired by your employer gave negligent advice that made conditions worse, that consultant may be a third-party defendant. Attorney Lavey evaluates third-party theories in every RSI case.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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