Workers' Compensation for Ergonomic Injury at Work in Florida

You Can Recover Florida Workers’ Compensation Benefits for Ergonomic Injuries at Work

Most employers in Florida must provide employees with workers’ compensation coverage. If you have a work-related musculoskeletal disorder, you can file a claim for workers’ compensation for ergonomic injuries. Because workers’ compensation benefits are not fault-based, you do not have to establish that negligence caused your disorder. However, you will need to prove that your injury developed due to your job. 

Qualifying claimants can recover the following benefits:

Medical

Medical benefits pay for all necessary medical treatment until you reach maximum medical improvement (MMI). It’s important to note that MMI does not necessarily mean that you are back to functioning at a pre-injury level, but rather that you have recovered as much as is medically possible. 

To qualify for coverage, you must see a healthcare provider authorized by your insurance plan, follow your doctor’s orders, and attend all medical appointments. 

Covered treatment may include:

• Hospitalizations
• Doctor visits
• Diagnostic testing
• Physical therapy
• Mobility aids
• Prescription drugs
• Medical travel expenses

Wage

You can recover wage replacement benefits if you cannot work for at least seven days because of your ergonomic injury. Temporary disability benefits will not be available for the first seven days, unless you are considered disabled for more than 21 days as authorized by your doctor. The amount and duration of your wage compensation will depend on several factors, including the severity of your injury, how much you make, state payment limits, and whether or not you can return to work with restrictions. 

According to the Florida Department of Financial Services, wage compensation may include:

• Temporary total disability (TTD) if you cannot work while you heal – TTD will provide up to two-thirds (66 percent) of your average weekly wage for up to 104 weeks. Specific severe injuries may qualify you for up to 80 percent wage replacement. Wage compensation is subject to a maximum rate based on the year your injury occurred. 
• Temporary partial disability (TPD) if you can work on restricted duty – If your doctor releases you to work on restricted duty but you cannot earn at least 80 percent of your pre-injury wage, you can claim TPD benefits for up to 104 weeks. 
• Impairment income benefits (IIB) if you have a permanent impairment rating – If you reach MMI and have a permanent injury, your doctor will assign an impairment rating. Any rating above 0 percent qualifies you for IIB. Your rating will determine how long you can receive benefits and the amount of your wage replacement. 
• Permanent total disability (TPD) if you can never work again – If your injury is so severe you cannot work again, you may qualify for TPD. You can receive up to two-thirds of your average weekly wage until age 75, per Florida Statutes § 440.15. 

Vocational

If you cannot perform the same type of work as before you developed your ergonomic injury, you can obtain reemployment services to help you find another job. Workers’ compensation may pay for job skills analysis, on-the-job training, formal retraining, and vocational counseling. 

Contact Rosenberg & Rosenberg to learn more about workers’ compensation for ergonomic injury at work in Florida. Call today for a free consultation. 

How Do Workplace Ergonomic Injuries Occur? 

According to the National Safety Council (NSC), overexertion, including repetitive motion, causes around one-third of workplace injuries resulting in lost work days. Ergonomic injuries arise from everyday movements, such as bending, twisting, gripping, or reaching. Continually repeating these movements as part of job performance can lead to the development of ergonomic work injuries. Ergonomic injuries can also result from sudden or sustained force. 

Hazards that can increase the risk of an ergonomic work injury include:

• Awkward postures
• Fixed or constrained body positions
• The concentration of force on specific body parts, such as the hands and wrists 
• A work pace that does not allow the body to recover between movements
• Hot or cold work environments
• Vibrations from tools and machinery 
• Frequent lifting, pulling, pushing, or carrying of large or irregularly shaped objects

Common Ergonomic Work Injuries

Ergonomic injuries at work go by many names, including repetitive motion injuries, repetitive strain injuries, repetitive stress injuries, soft tissue disorders, and work-related musculoskeletal disorders (WMSDs). 

According to the Occupational Safety and Health Administration (OSHA), WMSDs typically affect the muscles, blood vessels, tendons, or nerves. Common ergonomic work injuries and their occupational causes include:

• Tendinitis– Repetitive wrist or shoulder motions, sustained hyperextension of the arms, and prolonged carrying of loads on the shoulders
• Epicondylitis (elbow tendonitis) – Repeated or forceful rotation of the forearm combined with bending of the wrist at the same time
• Carpal tunnel syndrome – Awkward hand positioning, repetitive wrist motions, mechanical stress on the palm, strong gripping, and vibration
• Back pain – Awkward posture, heavy lifting, twisting, and full-body vibration

Ergonomic Injury Symptoms and Treatment

Symptoms of an ergonomic injury include pain, stiffness, numbness, tingling, weakness, aching, fatigue, and swelling in the affected parts of the body. Doctors diagnose WMSDs with laboratory testing and electronic tests, including X-rays, MRIs, and electromyography (EMG). 

Treatment for ergonomic injuries varies based on severity and may include:

• Rest 
• Restriction of movement
• Application of cold or heat
• Exercise and physical therapy
• Medication
• Surgery

How Our Florida Workers’ Compensation Attorneys Can Help You Seek Benefits

Because ergonomic work injuries often develop gradually over time, proving they stem from work can be challenging. 

Florida Statutes § 440.09 states that to recover workers’ compensation for “occupational disease or repetitive exposure,” you must prove that work is more than 50 percent responsible for your injury or has aggravated a pre-existing illness or condition. You must also provide medical evidence of a causal relationship between your condition and job duties. 

Our Florida workers’ compensation lawyers can help you obtain the necessary evidence and documentation and use it to protect your right to recover benefits, including:

• Medical records
• Medical and scientific research
• Eyewitness statements, such as from coworkers 
• Ergonomic analysis of your workplace and job duties
• Testimony from doctors, ergonomic experts, and other specialists

We can appeal common reasons for claim denials, including incorrect diagnoses, allegations that your injury is not work-related, and accusations of negligence or wrongdoing on your part. We can also assist with delayed, reduced, or discontinued benefits. 

Steps Involved in a Workers’ Compensation Claim for Ergonomic Injury at Work in Florida

Our attorneys can guide you through every step of filing a claim for workers’ compensation for ergonomic injury at work in Florida. Actions needed to pursue a claim include:

• Tell your employer. According to Florida Statutes § 440.185, you must notify your employer within 30 days of the manifestation of your ergonomic injury to be eligible for workers’ compensation. If you must obtain a medical opinion stating that work caused your injury, you have 30 days from receiving the opinion to tell your employer. Remember to inform your employer in writing, so that you have a record of having done so. Once informed, your employer has seven days to notify the insurance company about your claim. 
• Seek medical treatment immediately. As soon as you become aware of the symptoms of a work-related musculoskeletal disorder, you should see a doctor. Your employer should be able to provide you with a list of authorized providers. 
• Maintain records. Keep records of your medical treatment and medical bills and track time missed from work. For ergonomic injury claims, it may help to keep a daily journal detailing your physical symptoms and ways you notice your condition interfering with day-to-day activities. 
• Consider seeking legal advice. Insurance is a for-profit business. Denying payments and keeping settlements low increases the bottom line. To protect your rights, it may be a good idea to enlist the help of our attorneys from the outset of your claim. We can investigate your work injury, prove you deserve benefits, and negotiate for the maximum compensation possible. 

Can You File a Lawsuit for Damages After an Ergonomic Injury in Florida?

You usually cannot sue your employer for negligence if they provide workers’ compensation insurance. You can, however, file a personal injury lawsuit against a liable third party if they caused or contributed to your work-related musculoskeletal disorder. Third parties include property owners, job-site suppliers, and general contractors. 

A personal injury claim will allow you to seek damages not recoverable through workers’ compensation, including 100 percent of your lost wages, awards for pain and suffering, and tangible and intangible losses. 

The statute of limitations binds civil court action. According to Florida Statutes § 95.11, you generally have two years to file a personal injury case. Our Florida workers’ compensation attorneys can tell you more about your legal options. 

Contact Rosenberg & Rosenberg About Your Ergonomic Work Injury

Rosenberg & Rosenberg can handle your workers’ compensation claim for ergonomic injury at work in Florida. Our Florida workers’ compensation attorneys can take your case on contingency, meaning you pay nothing upfront or out of pocket. Call 24/7 to schedule a new-client consultation for free.