Repetitive trauma, repetitive use trauma, repetitive stress, repetitive motion injury. However it’s referred to, injury that results from doing the same motion over and over or being exposed to the same environment day-in and day-out may be covered under the Connecticut workers’ compensation system. Carpal tunnel syndrome, tendonitis, Raynaud’s syndrome and degenerative spinal conditions are all examples of repetitive use trauma, as well as injuries to joints like the hips and knees that occur, and worsen, over time.
Determining Connecticut Workers’ Date Of Injury In Repetitive Trauma Cases
Workers’ compensation rates are generally paid out based on the injured employee’s wage rate over the 52 weeks preceding the date of injury. Determining the date of injury can be tricky in repetitive trauma cases as there may be no specific incident that ended in injury, but a series of repeated movements over a period of time that caused injury. The Connecticut Supreme Court identified two separate dates of injury that may apply to determining benefits in repetitive use cases, depending on whether the injury more closely resembles an accidental injury or an occupational disease.
The date of an accidental injury is generally fairly easy to determine: it is the date of last exposure to the trauma that caused the injury. Often, this date is coincides with the last date of employment, as the repetitive trauma injury becomes unbearable or results in a dramatic life event such as a heart attack.
If repetitive trauma is instead categorized as an occupational disease, the date of injury is often the time the worker was diagnosed with the injury. Often in cases of occupational disease, the employee will still be working for the employer at the time a diagnosis is made and the compensation rate can be set by agreement based on the date of diagnosis. Occupational diseases can take quite some time to present with symptoms in the affected employee; it is not impossible for a retired worker to learn that he or she suffers from an occupational disease even after leaving work.
Date Of Injury And Your Benefits
Not only does the date of injury play a role in determining the amount of Connecticut workers’ compensation benefits to be paid, it also determines the statute of limitations for filing a claim for benefits. If you’re uncertain as to whether your injury entitles you to compensation under the Connecticut program, do not wait around to contact an experienced attorney who can assist in the determination. A statute of limitations acts to bar claims that are presented too late after the date of injury; do not lose out on benefits due to a limitation period when a
New Haven workers’ compensation lawyer can answer your questions.