One of the first questions asked when someone seeks workers’ compensation benefits for an injury is, “When did it happen?” In most cases, it is simple to give a clear answer to that query. For example, if you broke your collarbone when falling off a ladder at work, that’s a specific accident.
The origins of some injuries are not so easy to place. Repetitive strain injuries (RSIs) happen gradually over time. They are cumulative, and the result of performing the same movement(s) over and over again, typically for weeks, months or years.
Can you still file a workers’ comp claim?
Some states make it relatively easy to claim workers’ compensation for an RSI. Unfortunately, Virginia is not one of them. The state has long held that claimants need to be able to give a particular triggering date for the injury. They also tend to limit claims for injuries that occur cumulatively to carpal tunnel syndrome and hearing loss. Attempts to expand the coverage by amending the laws have so far failed.
One way that some claimants in this position have succeeded is by demonstrating that their injury was caused by a specific set of actions performed at work in a specific timeframe. For example, they might say their carpal tunnel syndrome started when they changed jobs or took on new responsibilities on a specific date, like having to scan a barcode reader 100 times a day over items at a particular angle.
It’s clear that not everyone who suffers a workplace RSI will succeed with a claim under the present state laws. However, since the costs of an injury can be so high, it’s definitely worth seeking legal guidance to clarify whether you might be one of those who can.
