Proving and Settling Repetitive Strain Injuries in Arizona
When most people think of a workplace injury, they picture a sudden, dramatic event: a fall from a ladder, a scaffolding collapse, or a severe machinery accident. However, some of the most debilitating injuries do not happen in an instant. They develop slowly, over months or years of performing the exact same physical motions day in and day out.
At Arizona’s Work Injury Firm, we frequently represent workers suffering from severe repetitive strain injuries (RSIs), such as lateral epicondylitis—commonly known as “tennis elbow.” If your job requires constant gripping, lifting, or repetitive arm motions, and you are now in chronic pain, you may be entitled to workers’ compensation benefits.
The Challenge of Proving Repetitive Strain
Unlike a broken leg where the cause is obvious, proving a repetitive strain injury like tennis elbow is inherently difficult. Because the injury develops over time, workers’ compensation insurance companies almost always try to deny these claims. They will argue that your elbow pain is due to age, arthritis, or hobbies outside of work (like playing sports or gardening).
To succeed in an Arizona workers’ compensation claim for a repetitive strain injury, you must provide clear, compelling medical evidence linking your condition directly to your specific job duties. This requires a doctor who understands occupational medicine and can write a detailed report explaining how the biomechanics of your daily work caused or significantly contributed to the tearing and inflammation of the tendons in your elbow.
Medical Treatment and Time Off Work
Tennis elbow can be incredibly painful, making it impossible to perform tasks that require grip strength or wrist extension. Treatment usually begins conservatively with rest, ice, physical therapy, and anti-inflammatory medications. If those fail, your doctor may recommend corticosteroid injections. In severe, chronic cases, surgical intervention may be necessary to remove damaged tissue and reattach healthy muscle.
If your doctor places you on work restrictions (such as “no lifting over 5 pounds” or “no repetitive gripping”) and your employer cannot accommodate those restrictions, you are entitled to temporary disability benefits to replace a portion of your lost wages while you heal.
Settlement Values for Tennis Elbow
If your tennis elbow becomes a chronic, permanent condition even after extensive treatment, you will be evaluated for a permanent impairment rating. In Arizona, the arm is considered a “scheduled” body part. If you suffer a permanent loss of function in your arm due to tennis elbow, your settlement will be calculated based on the statutory schedule.
However, if your repetitive strain injury affects both arms (bilateral tennis elbow), or if it is combined with another injury (like a repetitive strain injury to your neck or shoulder), your claim may be classified as “unscheduled.” Unscheduled injuries are evaluated based on your Loss of Earning Capacity, which can significantly increase the value of your settlement if the injury forces you to change careers or permanently reduces your earning power.
Frequently Asked Questions (FAQs)
How long do I have to file a claim for a repetitive strain injury?
In Arizona, you generally have one year to file a workers’ compensation claim. For repetitive strain injuries, the clock typically starts ticking on the date your doctor first informs you that your condition is related to your work.
What if I play sports outside of work? Will that ruin my claim?
It makes the claim more challenging, but it does not ruin it. Your attorney and your doctor will need to demonstrate that your work activities were a “substantial contributing cause” to your injury, even if outside activities played a minor role.
Can I be fired for filing a workers’ comp claim for tennis elbow?
No. It is illegal in Arizona for an employer to retaliate against or fire an employee simply for exercising their right to file a workers’ compensation claim.
We Fight the Denials for You
Insurance companies routinely deny repetitive strain claims, hoping injured workers will simply give up and use their personal health insurance. Do not let them off the hook. The experienced Arizona workers’ compensation lawyers at Arizona’s Work Injury Firm know how to build the medical evidence necessary to prove your case. Contact us today for a free consultation.