In many Montgomery County workplaces, workers find themselves doing the same motions repeatedly. Days spent typing, bending, lifting, or standing for long periods of time can cause strains or degenerative issues.
When these injuries become unbearable, an Abington repetitive stress and overuse injury workers' compensation lawyer helps you seek the benefits you may be owed.
Kaufman Workers' Compensation Law represents area workers, filing claims and claim petitions for repetitive stress and overuse injuries, from carpal tunnel syndrome to chronic tendonitis. Contact Jenifer Kaufman at (267) 626-2973 for your free consultation.
Why Do Abington Workers Choose Jenifer Kaufman for Repetitive Stress Claims?
An Abington repetitive stress or overuse injury means choosing a workers' compensation lawyer who knows what evidence is needed to build a medical causation argument. There is no straight line from point A to point B with these sorts of claims. Time and repetitive motions over days, weeks, and months pile up. There is no one moment to pinpoint as the cause of the injury.
Medical evidence, witness statements, employment records, and expert testimony may all be necessary to build the foundation of the claim. But it takes a skilled, knowledgeable workers' compensation attorney to put that information together into a comprehensive, convincing claim.
Who Is Jenifer Kaufman?
Jenifer Kaufman earned her certification as a workers' compensation specialist in 2013, the first year the credential became available in Pennsylvania. That certification, renewed in 2018, required passing a comprehensive examination on Pennsylvania workers' compensation law and demonstrates that more than half of her practice focuses on representing injured workers.
What Is Standby Counsel?
Kaufman offers a unique standby counsel structure. This allows workers in high-risk industries to retain her as counsel with no fees until representation is needed. Even if you are not yet injured, or suspect you may be suffering from a stress injury, you may immediately retain Kaufman Workers' Compensation Law so she can get to work immediately if the need arises.
Dedication to Furthering Workers' Compensation Benefits and Rights
Jenifer Kaufman litigated and won the landmark Commonwealth Court case Fegley v. Firestone Tire & Rubber (2023). Fegley established that Pennsylvania workers' compensation carriers must reimburse injured workers for medical marijuana prescribed as part of a treatment plan, and that failure to reimburse may result in penalties under the Act.
This ruling opened the doors for workers suffering from overuse and stress injuries to receive reimbursement for medical marijuana. This can be crucial for injured workers who suffer from enduring pain from carpal tunnel, tendonitis, or chronic back conditions.
Contact Jenifer Kaufman today for a free consultation. She is ready to serve as your Abington repetitive stress injury workers' compensation attorney.
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Common Repetitive Stress and Overuse Injuries in Montgomery County Workplaces
Pennsylvania workers' compensation covers repetitive stress and overuse injuries that occur during the course of employment. These are not sudden or traumatic injuries caused by a single incident. These conditions develop gradually and may affect the hands, wrists, shoulders, back, or knees.
Common types of repetitive injuries and correlating industries include:
- Carpal tunnel syndrome, common for data entry workers, assemblers, cashiers, and anyone performing repetitive hand and wrist motions over months or years
- Tendonitis and rotator cuff injuries, common for warehouse workers, painters, HVAC technicians, and trades that involve overhead reaching or repetitive lifting
- Lumbar disc injuries and chronic back conditions, common for delivery drivers, nurses, stock clerks, and workers who perform repeated bending, twisting, or lifting
- Knee and joint degeneration, common for flooring installers, plumbers, concrete workers, and jobs that require prolonged kneeling or crouching
- Epicondylitis (tennis elbow / golfer's elbow), common for mechanics, butchers, construction workers, and roles requiring repetitive gripping or torquing
Since a repetitive stress injury has no single incident date, it changes how the claim is reported, how causation is proven, and how insurers respond. Carpal tunnel claims, for example, require extensive documentation connecting daily tasks to the diagnosis.
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How to File a Workers' Compensation Claim for a Repetitive Stress Injury in Pennsylvania
There are several steps to filing a workers' compensation claim for a repetitive stress injury in Abington: reporting the injury, seeing a panel physician, waiting for the insurer's response, filing a claim petition, and possible appeals. How each phase is handled varies and determines the trajectory of your claim.
Step 1: Report the Injury to Your Employer
If you have a stress or overuse injury, the first thing you should do is advise your employer the injury is work-related. The reporting timeline begins when the worker first knew or should have known that the injury was work-related.
Typically, workers have 21 days to report for retroactive benefits, and a maximum of 120 days before the claim is barred entirely.
While you are not required to report in writing, it is advisable to show that the notification was made in a timely manner and that you have followed the right steps to take after a workplace injury.
Step 2: Choosing a Doctor for a Repetitive Stress Injury
If a provider has properly posted and provided a physician panel list, you will need to see a provider from that list for the first 90 days. If the list is not properly provided, if the 90 days have passed, or if you receive a notice of claim denial, you may select a provider of your choice.
Step 3: The Insurer's Response
Once the employer receives notice of the claim, the insurer has 21 days to accept it, deny it, or issue a Notice of Temporary Compensation Payable. A temporary notice allows the insurer to pay benefits while investigating the claim for up to 90 days before making a final decision.
If the insurer accepts the claim, benefits for medical treatment and wages will begin. If the claim is denied, the next step would be to file a claim petition with the Bureau of Workers' Compensation. Repetitive stress cases are among the most commonly denied workers' comp claims.
Step 4: Filing a Claim Petition, If Needed
A claim petition is the start of formal proceedings with a workers' compensation judge. The petition will need to include identifying information, medical evidence linking the injury to job duties, and employment records.
After the petition is filed, the Bureau assigns the case to a judge and schedules a first hearing, typically within 15 to 45 days. After this, the injured worker then has 90 days to present medical evidence, usually through a deposition of the treating physician. The employer's insurer has 90 days after that to respond with its own medical testimony.
A mediation or a status hearing may occur at some point during this process. If the case does not settle, the judge reviews the evidence, receives written briefs, and issues a decision. How long a workers' compensation claim takes will vary based on the evidence involved.
Step 5: Appeal Options, If the Petition Is Denied
If the judge issues an adverse judgment on the claim petition, you may file an appeal with the Workers' Compensation Appeal Board. Any further appeals would be heard by the Commonwealth Court of Pennsylvania.
Appeal deadlines and procedures vary at each level. An experienced workers' compensation lawyer in Abington can calendar and manage these deadlines and help you appeal a denied workers' comp claim effectively.
Common Questions for Abington Repetitive Stress Injury Workers' Comp Lawyers
What if my repetitive stress injury gets worse after I return to work?
A repetitive stress injury that worsens after a return to work may still be covered under the original workers' compensation claim. Workers may need to file a reinstatement petition or a review petition, and the worker must show through medical evidence that the worsening is connected to the original work-related diagnosis.
Is medical marijuana reimbursement available for chronic pain from a repetitive injury?
Pennsylvania workers' compensation carriers may have to reimburse injured workers for reasonable and necessary medical marijuana costs tied to a work-related condition. Workers managing chronic pain from repetitive stress conditions who hold a valid Pennsylvania medical marijuana card and have a physician's recommendation tying the treatment to the work injury may be eligible. Whether medical marijuana is covered by workers' comp in Pennsylvania varies by case.
What happens if my employer offers light-duty work that aggravates my condition?
A light-duty offer does not override a worker's medical limitations. Pennsylvania law allows an insurer to file a modification or suspension petition if a worker refuses a job offer within their limitations; the offer must be a genuine, good-faith position. Workers who experience increased pain or new symptoms may want to notify their physician and their attorney.
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A Denial Is Not Always the Final Say – Call Kaufman Workers' Compensation Law for Answers
The workers' compensation claim process might seem simple at first glance. See the doctor and let your employer know. But then the questions come, and a denial soon follows. Involving an Abington repetitive stress or overuse injury workers' compensation attorney early can protect your claim.
Do not work on the assumption that it is too late or that your injury "isn't bad enough." Contact Jenifer Kaufman for a free consultation to discuss your situation and determine the next steps. Call us now at (267) 626-2973 or contact us online to schedule a free consultation.