Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
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Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
The “Multi-Tentacled Monster:” Repetitive Stress Claims
Workers Comp Matters
34 minutes
1 year ago
The “Multi-Tentacled Monster:” Repetitive Stress Claims
This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative trauma developed under multiple employers?
Bodily wear and tear, the result of daily repetitive labor, is real. Think of the brick mason on his knees for decades or the mechanic crawling under vehicles and lifting heavy items, or the carpal tunnel injuries from working at a keyboard week in and week out. These injuries pose challenges when asked for a “date of injury” on a claim form.
For attorneys representing victims of repetitive stress, clarity is key, explaining clearly to the investigator that there is no single date. The injuries were the result of the entire period of labor. Lawyers need to think creatively to fully communicate that the injury is the direct result of the workplace.
We all “break down” as we age. For a successful claim, attorneys must show that the traumatic “wear and tear” injury is a direct result of the workplace, not simply the result of ordinary aging.
Mentioned in this Episode:
Massachusetts Zerofski Case
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Workers Comp Matters
Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.