Your hands ache after every shift. Your wrists tingle, and your shoulder burns when you reach overhead. You’ve been doing the same motions at work for months or years, and now the pain will not go away. If this sounds familiar, you may have a repetitive stress injury (RSI), and you may be entitled to workers’ compensation benefits in North Carolina.
RSI claims are some of the hardest workers’ comp cases to win. Insurance companies know this and use it to their advantage. At Horton & Mendez, Injury & Car Accident Attorneys, our managing partners are former insurance defense lawyers who know their playbook. Our experienced Jacksonville workers’ compensation lawyers handle workers’ compensation cases throughout North Carolina, including from our Jacksonville office at 507 New Bridge St. Call 910-405-7751 for a free consultation.
What Is A Repetitive Stress Injury?
A repetitive stress injury develops gradually from performing the same physical motions over and over. Unlike a fall or a sudden accident, there is no single moment you can point to. These injuries do not arise from a single precipitating event but develop gradually over months or years. The damage builds over time until the pain, numbness, or weakness becomes too much to ignore.
Common RSIs covered by NC workers’ comp include:
- Carpal tunnel syndrome: Numbness and tingling in the hands and wrists from repetitive gripping or typing.
- Tendinitis: Inflammation of tendons from repetitive motion.
- Bursitis: Inflammation of the fluid-filled sacs that cushion your joints.
- Rotator cuff injuries: Shoulder damage from repeated overhead reaching or lifting.
- Trigger finger: A finger that locks or catches when you try to straighten it.
Why RSI Claims Are Harder To Win Than Sudden Accident Claims
Here is the reality: insurance companies fight RSI claims harder than most workplace injuries. Why? Because there is no single accident to point to. No incident report from a specific date. No witnesses who saw it happen.
While these conditions may make a worker eligible for workers’ compensation benefits even if they cannot be traced to a single incident, a worker may need to present stronger evidence to prove that a repetitive stress injury arose out of their job. Insurance adjusters will argue your condition is a normal part of aging, related to hobbies or activities outside work, or a pre-existing condition. We know these tactics because our managing partners used to deploy them when they worked for insurance companies.
How NC Workers’ Comp Classifies Repetitive Stress Injuries
This is where things get tricky. In North Carolina, RSIs do not fit neatly into the standard “injury by accident” category because there is no single accident. Instead, they are typically classified as occupational diseases.
Under N.C. Gen. Stat. § 97-53(13), a compensable occupational disease includes any disease “which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment.” That last part is the catch. You have to show that your RSI is connected to your specific job duties, not something anyone could develop.
Bursitis is listed by name under N.C. Gen. Stat. § 97-53(17) as “bursitis due to intermittent pressure in the employment.” Other RSIs, such as carpal tunnel and tendinitis, fall under the catch-all provision, which means you will need stronger proof linking them to your work.
Documentation You Need To Prove Your RSI Claim
Building a successful RSI claim requires careful documentation. You will need:
- Medical records: These must clearly connect your condition to your job duties, including not just a diagnosis but a doctor’s opinion on causation.
- A detailed job description: This should show the repetitive motions your work requires.
- A timeline of symptoms: Document when pain started, when it worsened, and how it relates to your work activities.
- Treatment records: These show the progression of your condition.
- Witness statements: Coworkers can confirm the physical demands of your job.
The most critical piece is a medical opinion from your treating physician specifically stating that your job duties caused or significantly contributed to your condition. Without this, your claim will almost certainly be denied.
What Compensation Can You Recover For An RSI In NC?
If your RSI claim is approved, you may be entitled to several types of benefits. Vocational rehabilitation services, wage replacement compensation, and medical treatment are available to injured workers in North Carolina. Wage replacement benefits are based on 66 2/3% of your average weekly wage, subject to a state-imposed maximum.
Your benefits may include medical treatment (surgery, physical therapy, medications), temporary total disability payments while you cannot work, permanent partial disability compensation if you do not fully recover, and vocational rehabilitation if you cannot return to your previous job.
What If Your Employer Says The Injury Is Not Work-related?
This happens frequently. Your employer or their insurance company will argue your carpal tunnel came from using your phone, your shoulder pain is from weekend yard work, or it is simply age-related wear and tear.
Do not let that stop you from filing a claim. The employee bears the burden of establishing all necessary legal requirements for the claim, which is exactly why you need an attorney who knows how to build these cases. We know the arguments insurance companies make because we used to make them ourselves.
Keep in mind that the right to compensation for occupational disease is barred unless a claim is filed with the Industrial Commission within two years after disability. Do not wait to take action.
Industries Most Affected By Repetitive Stress Injuries
RSIs do not only affect office workers. They are common across many industries in the Jacksonville area and throughout North Carolina:
- Construction: Repetitive hammering, drilling, and lifting.
- Healthcare: Patient lifting and repetitive hand motions.
- Warehousing and distribution: Scanning, packing, and lifting.
- Manufacturing: Assembly line work with repetitive motions.
- Office and administrative work: Prolonged typing and mouse use.
No matter your industry, if your job requires you to perform the same physical motions repeatedly and you have developed pain or injury as a result, you may have a valid workers’ comp claim.
How A Former Insurance Defense Lawyer Can Help You Win An RSI Claim
RSI claims require a strategic approach. Insurance companies have a playbook for denying these cases, and you need a team that knows every play in it.
At Horton & Mendez, our managing partners spent years defending insurance companies against workers’ comp claims. They know what documentation adjusters look for, which weaknesses they try to exploit, and what medical evidence makes a claim difficult to deny. Now our team of seven attorneys (with 65+ years of combined experience) uses that knowledge to fight for injured workers.
We handle RSI and workers’ compensation claims from our Jacksonville office and across North Carolina. Wherever you are in NC, we are accessible.
Your consultation is completely free, and you pay nothing unless we win. Call 910-405-7751 today to discuss your repetitive stress injury claim. The sooner you call, the sooner we can start building your case.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
