Can I Get a Cumulative Trauma Workers’ Comp Settlement?

If you have suffered a work-related injury that developed gradually over time, you may wonder if you are eligible for workers’ compensation benefits. Cumulative trauma injuries, also known as repetitive stress injuries, can be just as debilitating as sudden accidents, but they can be more challenging to prove and get benefits for.

Understanding Cumulative Trauma Injuries

Cumulative trauma injuries occur when a worker experiences exposure to repetitive motions, awkward positions, or physical stresses over an extended period. These injuries develop gradually, often over months or years, and can affect various body parts, including the muscles, tendons, ligaments, nerves, and joints.

Some common examples of cumulative trauma injuries include:

• Carpal tunnel syndrome from repetitive typing or assembly line work
• Tendonitis or bursitis from repeated lifting, reaching, or bending
• Back injuries from constant heavy lifting or vibration exposure
• Hearing loss due to loud noise exposure for long periods
• Respiratory illnesses from inhaling toxic fumes or dust over time

These injuries can cause chronic pain, numbness, weakness, and limited mobility, making performing your job duties and daily activities difficult or impossible. Permanent damage and disability can result if they’re not treated.

Workers’ Compensation Coverage for Cumulative Trauma Injuries

Under Nebraska workers’ compensation laws, employees who sustain work-related injuries or illnesses are entitled to medical treatment, wage replacement, and disability benefits, regardless of who was at fault for the injury. This includes cumulative trauma injuries that arise out of and in the course of employment.

To be covered under workers’ comp, you must prove that:

• Your injury is work-related, meaning your job duties or work environment contributed to or caused it.
• Your injury developed over time due to repetitive work activities or exposures.
• Your injury required medical treatment and/or caused you to miss work or suffer a disability.

Proving a cumulative trauma injury can be more complex than proving a specific accident because there may not be a precise date of injury or a single event that caused your symptoms. You may need to provide medical evidence, witness statements, and job descriptions to show how your work activities over time led to your injury.

It is important to report your injury to your employer in writing as soon as you become aware of it and seek medical treatment immediately. If you delay reporting the injury or seeking treatment, the insurance company may use this delay to deny your claim.

Seeking a Cumulative Trauma Workers’ Comp Settlement

Once you have reported your injury, the insurance company will decide whether to accept or deny your claim. If your claim is approved, you should start receiving medical treatment and wage replacement benefits while you cannot work.

In some cases, the insurance company may offer you a settlement to resolve your claim permanently. A settlement is paid in a lump sum that covers your past medical expenses, lost wages, and disability benefits. Such a settlement may also include future medical expenses if there is documentation supporting the need for them. In exchange for accepting the settlement, you sign a release and give up your right to seek further benefits for this injury.

Your lawyer can also negotiate with the insurance company to seek a higher settlement if the initial offer is too low. If you cannot reach a fair settlement, your attorney can represent you in a workers’ compensation hearing or trial to fight for the benefits you deserve.

It is important to remember that a settlement for a workers’ comp claim is final and binding, so you should never feel pressured to accept an offer that does not fully compensate you. An experienced attorney can help you make an informed decision based on your circumstances.

How an Omaha Workers’ Compensation Attorney Can Help

Taking on the workers’ compensation system can be a stressful process, especially when you are dealing with a painful and limiting injury. An experienced Omaha workers’ compensation attorney can guide you through every step of the process and fight for the maximum amount you are entitled to under the law.

At Mueller Schmidt Mulholland & Cooling, our dedicated workers’ compensation attorneys have decades of experience helping injured workers in Nebraska get the medical treatment, wage replacement, and disability benefits they need to move forward with their lives. We understand the physical, emotional, and financial toll a work injury can take, and we are committed to providing the support and skilled advocacy you deserve.

Do not let the insurance company deny or undervalue your claim. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule your free consultation with an Omaha workers’ compensation lawyer who can fight for your rights and the compensation you deserve.