Repetitive Stress Injuries Attorney in Billings, Montana

Workers in all fields are at risk of getting injured while on the job no matter if they work behind a computer, with heavy machinery, or as a traveling sales rep. The good news is that almost all employers are required to hold workers’ compensation insurance to cover expenses for injured workers, be it medical costs or lost income.  

However, some injuries are harder to pursue a claim for, and among these are repetitive stress injuries (RSI), also called repetitive motion injuries. If you’d like to work with an experienced workers’ compensation attorney on your claim, call us at Gerstner Adam Law to schedule a consultation. We’re located in Billings, Montana, but can help those in Glendive, Miles City, and Sidney.  

What Is a Repetitive Stress Injury?  

RSIs cover several different types of injuries, but they all are defined as cumulative trauma or injury that develops over time instead of from a single incident. Common types of RSIs include carpal tunnel syndrome, bursitis, tendonitis, back pain, and trigger finger.   

RSI Symptoms 

Due to the nature of RSIs, the symptoms of the underlying injury can take weeks, months, or even years to become noticeable. This could include a feeling of numbness or tingling in different parts of your body, dull aches or throbbing dull pain, a gradual loss of strength or coordination, reduced flexibility, or reduced range of motion. These could happen only at specific times of day or when you’re engaging in certain activities. 

Who Is at Risk?  

As stated above, any worker can be susceptible to a repetitive motion injury, but there are some professions that see these more often than others. These include healthcare workers, delivery drivers, grocery store clerks, athletes, firefighters, janitors, agricultural workers, plumbers, office workers, construction workers, and any job that requires the worker to repeat the same motion over and over again. 

Can I File a Workers’ Comp Claim for an RSI?  

Yes. RSI injuries are eligible for workers’ compensation benefits, but these can be some of the most difficult cases to prove which is why it’s always in your best interest to work with an experienced attorney who can help you with this process. When you file a workers’ comp claim you’ll have to provide evidence that your injury is directly related to your work duties which will almost always require a medical diagnosis since it won’t be easy to tie it to an accident. Your lawyer can help you gather the relevant documentation and advocate on your behalf should your employer try to deny you coverage.   

Deadline to File   

Importantly, Montana has limits on when you can file for workers’ comp. For injuries that occurred on a specific date, you need to report your injury to your employer within 30 days and they can then assist you in making a claim. If the injury occurred over a long time (like a repetitive stress injury), the employee typically has 12 months to report the injury, but in some cases may be able to wait 24 months if they can adequately show that they had no knowledge of the injury before that time. 

Benefit Types  

There are two main benefit types available to employees who are injured on the job: permanent disability and temporary disability. This can include a weekly benefits payment, payment for medical treatment, and vocational rehabilitation. In Montana for 2023, the weekly payout for Temporary Total Disability (TTD) is capped at $974 and Permanent Partial Disability (PPD) is $487. In most cases, your weekly compensation will be ⅔ of your regular pay.