siderea: (Default)
Siderea ([personal profile] siderea) wrote in [personal profile] ladysprite 2013-10-08 01:58 am (UTC)

it's a problem that's been slowly building as the result of chronic repetitive stress. So no injury claim, and I think that rules out worker's comp (though if it doesn't, I'd love to know).

It doesn't, but I'll tell you: no employer (or more accurately, no employer's WC insurer) takes a Worker's Comp claim lying down. Repetitive stress injuries from repetitive work behaviors (e.g. programmers getting inflamed carpal tunnels, checkout cashiers getting tendonitis) are totally legitimate grounds for a WC claim, but proving it can be mighty hard. The insurer would likely fight it, attempting to argue -- in court if necessary -- that you had the injury previously, or since you engaged in behaviors which stressed the injury outside of work, they shouldn't be on the hook to pay.

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