Texas Workers Comp Lawyers Prove Injury Was Reported Many Times

 

Texas Workers comp Lawyers should be consulted as soon as possible after an injury. The following case includes an argument from an employer (and its insurer) that they weren’t told of the injury “in a timely way.” This argument often means blaming the injured worker: in the following facts, the insurer argued they had not been told of a specific day of injury. The Texas workers comp Lawyers, however, by developing a strong medical history of repeat stress injury (RSI), raised the question of whether or not RSI even lends itself to “same day” notice.

Medical evidence introduced by the Texas workers comp lawyers was to show the injured worker had bilateral carpal tunnel syndrome. This RSI resulted from work trauma. Given the medical treatment, it was also apparent she had reported her injury to her supervisor within 30 days of her noticing injury or pain. Involving a disability attorney helps makes sure employers are in a poor position to deny being notified of an injury or RSI symptoms.

The insurer first argued that there was simply not enough evidence to show that the injured worker developed a repetitive trauma injury. The evidence produced by the injury attorney, however, told quite a different story, as the worker was awarded their benefits.

The injured worker’s lawyer introduced evidence that was entirely consistent with RSI. In fact, hiring Texas workers comp lawyers mean having someone with experience in proving the history of an injury. A lawyer will bring together the details showing RSI happened in the course of work and that the RSI caused a disability. Through her attorney’s questions, testimony of the injured worker in this case detailed her work, which was the cutting of metal strips. The job required that she push a lever with her right hand, up to 300 to 400 times a week. This motion would manually ‘deburr’ the cut edge of each strip. She had to hold down the strip, by spanning it with her left hand, as she pushed out the slightly raised edges (the burrs) along the freshly cut edge. The strips were eventually to be used in jet engines. The injured worker said she had a quota, but could not recall what it was. She agreed that she produced, at the most, 150 strips per day.

The employer attempted to undercut proving RSI injury in several ways. First, they questioned the workers productivity. Then the employer insisted she had not done much production for many days, duding the month she was hurt. The employer called in other workers to dispute the amount of pressure required to do the deburring. The general argument by the insurer came to be that the injury could have occurred in a few days, rather than over an entire month. If this was true, the employer insisted, then the worker failed to make timely notice.

But the Texas Workers comp lawyers relied on proof that the injured worker complained of arm pain to her supervisor, Mr. B. He advised her she had to “get stronger.” She complained eight or nine times over an entire month, to Mr. B…who was shown to have even tried to work with her on various ways to minimize her pain. The Texas workers comp lawyers relied on Texas comp laws that RSI does not require a specific date of notice. All that was required was proof “a number of complaints were made” over the 30-day period.

The Texas workers comp lawyers also relied on the unique medical facts of RSI. The effects of repetitive trauma are cumulative, the worker’s injury lawyer pointed out. The lawyer noted RSI harm builds up “so long as exposure to the hazard continues.” Consequently, although the insurer’s peer review doctor disputed that the injured worker developed her condition through RSI. But the medical records used by the compensation attorney showed the effects of a much longer period of repetition and cumulation of the disease. The evidence supplied by the worker’s disability attorney, including the medical evidence “was sufficient” to support her claim, the hearing officer ruled.