The nursing profession takes a significant physical toll on individuals and has one of the highest injury incidence rates for workers in California. Lifting and repositioning patients, long hours of being on one’s feet, keyboard work and charting, and constant, quick movements lead to injuries that don’t happen in one traumatic instant. Instead, they build up over time, even months or years. The eventual result is repetitive strain injuries (RSIs) or cumulative trauma (CT).
For Stockton nurses facing chronic pain from conditions like carpal tunnel syndrome, bulging or slipped discs, or tendonitis of the shoulder or elbow, securing workers’ compensation benefits can be uniquely challenging. Insurance carriers often attempt to argue the validity of the injury by insisting it is related to aging, recreation, or any activity outside the work environment.
The bottom line is that workers’ compensation for nurses is denial-prone, which means you need a precise, customized strategy to get the benefits you not only need, but deserve. Your best chance of succeeding is to hire an experienced workers’ compensation attorney who has helped other medical professionals in Stockton. The workers’ compensation attorneys at Eason & Tambornini are familiar with the working conditions in various local hospitals, including San Joaquin General Hospital and St. Joseph’s Medical Center.
Learn more about our Stockton Workers’ Compensation Attorney Services.
4 Essential Things for Nurses with Repetitive Strain Injuries to Know
- Your “Date of Injury” is Not the First Day of Pain
The “date of injury” for a cumulative trauma or repetitive injury claim is crucial; it’s also one of the most misunderstood elements of workers’ compensation. For RSIs, the injury date is not the day your wrist first ached or your back first strained.
The official date of injury is generally the day you first realized (or reasonably should have known) that your medical condition was caused or significantly aggravated by your work duties, and the date you sought medical treatment for it. In California, you have one year from this date to file a claim.
- The Mechanics of Your Pain are Critical
What are the mechanics of pain? In short, it is the physical motions or actions you regularly perform that caused your injury (and subsequent pain). For example, a fractured leg is straightforward and easy to prove; a nerve compression from years of repetitive motion, as performed while administering medication or charting, is not. Insurance companies often dispute CT claims by suggesting that the injury is generic. Your medical team, your attorney, and the supporting documentation must specifically counter this.
When speaking with doctors, emphasize the mechanics of the work you do:
- How often do you push wheelchairs and gurneys or lift patients in and out of bed?
- How many hours do you spend in a day or week preparing syringes and doing computer charting?
- How does the required awkward posture (e.g., reaching over beds, bending at the waist) directly create stress on the injured joint?
By establishing clear, documented connections between the repetitive motions required by your specific nursing tasks and your specific injury, you increase the chances of a fair outcome of your workers’ compensation claim. This is especially critical when long-term or permanent disability benefits are at stake.
- Understand the Importance of the 30-Day Reporting Rule
California law requires you to notify your employer of a work injury within 30 days of the date of injury (defined above). While informing your employer is not the same as filing the formal claim form, delays in reporting an RSI are a primary reason claims get denied.
Once you officially report it, your employer must provide you with the DWC-1 Claim Form within one working day. Do not delay this step. If your employer fails to provide the form, stalls, or attempts to persuade you to reconsider your request, consider that a red flag of potential resistance to your claim.
- Understand Your Right to a Qualified Medical Evaluator (QME)
When an insurance carrier denies your cumulative trauma or RSI claim, the dispute often boils down to a disagreement between your treating doctor and the insurance company’s doctor (known as an AME or IME). If an agreement can’t be reached, you have the right to request an evaluation from a Qualified Medical Evaluator (QME), which is a neutral, state-certified physician.
Free Consultation and No Fees Until You Win
If you are a nurse or medical professional in Stockton experiencing chronic, work-related pain, contact Eason & Tambornini at (209) 323-5126 for a complimentary, no-risk consultation. Get your questions about long-term and permanent disability answered by attorneys who have been fighting for the rights of medical professionals facing workers’ compensation claims in the Central Valley region for over 30 years.