In this day and age, more employees than ever before are consistently spending their time typing away on a computer. As a result there has been a growing number of individuals being diagnosed with carpal tunnel syndrome. Carpal tunnel syndrome is what is known as a repetitive use disease. A repetitive use disease occurs when an individual consistently performs the same motion over and over again. As a result nerves, muscles, and tendons naturally begin to deteriorate and become damaged.
Repetitive use diseases, like carpel tunnel syndrome, are compensable under Ohio workers’ compensation laws. These kinds of injuries force individuals to take time off of work for treatment, and time off often means missed paychecks. Therefore, Ohio allows an individual with a repetitive use injury to file a claim for not only medical coverage but also compensation benefits.
In order to prove a repetitive use disease, an injured worker needs to show that as a result of their employment they were required to consistently perform repetitive tasks such as typing. Further, they must show that as a result of performing that repetitive task, they did in fact develop the specific repetitive use disease. Lastly, they must show that their request for compensation was filed in a timely manner.
Ohio Revised Code § 4123.85 prescribes the limitations and notice requirements governing occupational disease claims. This code sections states that a workers compensation claim for repetitive use diseases must be filed within two years after the disability due to the disease began, or within such longer period as does not exceed six months after diagnosis of the occupational disease by a licensed physician. In other words, you must file a claim for the disease within two years of the disease causing disability or within six months of the disease being diagnosed, whichever is later.
If you’ve been diagnosed with a repetitive use disease and would like to explore available benefits to which you may be entitled, don’t hesitate to contact the Bainbridge Firm. We want to provide you with all the assistance you need in seeking available benefits.