Working at a computer for years has left your wrists in constant pain. Your shoulders ache after every shift on the assembly line. Your back protests with sharp pain after lifting and bending all day. These experiences are common among Missouri workers dealing with repetitive stress injuries. Many wonder whether their pain qualifies them for workers’ compensation benefits.
Missouri law does recognize repetitive stress injuries as legitimate workplace injuries that deserve compensation. However, getting those benefits requires understanding complex legal requirements and taking specific steps to protect your rights.
What Are Repetitive Stress Injuries?
Repetitive stress injuries develop slowly through repeated motions, awkward positions held for long periods, or ongoing stress on particular body parts. Unlike accidents that happen suddenly, these injuries creep up gradually. Workers often feel fine one day and wake up barely able to move without pain the next.
Common types of repetitive stress injuries include
- Carpal tunnel syndrome from typing or assembly work
- Tendonitis in shoulders, elbows, or wrists
- Back strain from lifting, bending, or prolonged sitting
- Epicondylitis (tennis elbow) from repetitive arm motions
- Trigger finger from gripping tools or equipment
- Neck strain from prolonged computer work
- Rotator cuff injuries from overhead reaching
These conditions affect workers in every industry. Office employees develop carpal tunnel syndrome. Construction workers suffer back injuries. Healthcare workers experience shoulder problems from lifting patients. Factory workers face various motion injuries from assembly line tasks.
Missouri’s Legal Framework for RSI Claims
Missouri takes a specific approach to repetitive stress injuries under its workers’ compensation system. The state classifies RSIs as occupational diseases rather than traditional workplace injuries, which creates unique legal requirements.
The Occupational Disease Classification
Under Missouri Revised Statutes Section 287.067, repetitive motion injuries are recognized as occupational diseases for workers’ compensation purposes. This classification affects how you prove your claim and when you must file.
The Prevailing Factor Standard
Missouri applies strict rules to these claims. An occupational disease from repetitive motion is compensable only if workplace exposure was the prevailing factor causing both the medical condition and disability. The “prevailing factor” means the primary factor compared to any other factor causing both the condition and disability.
Your work duties must be the main cause of your injury, not simply a contributing factor. If you have arthritis that work activities have worsened, you must prove that job duties were the primary cause of your current condition, not the arthritis itself.
What “Prevailing Factor” Means in Practice
The prevailing factor standard creates higher proof requirements than many other states demand. You must show that workplace exposure was more significant than all other potential causes combined. This might include:
- Pre-existing conditions
- Age-related wear and tear
- Activities outside of work
- Previous injuries
- Genetic factors
Medical documentation becomes essential in establishing this connection. Your doctor’s opinion about what caused your condition can determine whether your claim succeeds or fails.
Special Provision for Short-Term Exposure
Missouri law includes a specific provision for workers with short-term exposure to repetitive motion. Under Missouri Revised Statutes Section 287.067(8), if the exposure to the repetitive motion which is found to be the cause of the injury is for a period of less than three months and the evidence demonstrates that the exposure to the repetitive motion with the immediate prior employer was the prevailing factor in causing the injury, the prior employer shall be liable for such occupational disease.
This provision protects workers who change jobs and develop RSIs that are primarily caused by their previous employer’s working conditions.
Are You Eligible for Workers’ Compensation Benefits?
Determining eligibility for RSI benefits in Missouri involves several key factors that work together to establish your claim.
Employment Coverage Requirements
First, you must be covered under Missouri’s workers’ compensation system. Most employees in Missouri are covered, but some exceptions exist under Missouri Revised Statutes Section 287.090:
- Farm laborers (in many cases)
- Domestic servants in private homes
- Family chauffeurs
- Licensed real estate agents
- Inmates
- Volunteers of tax-exempt organizations
- Sports officials
- Direct sellers
- Independent contractors (though this classification is often disputed)
Your employment classification determines eligibility more than your job title.
Proving the Work Connection
You must establish a clear connection between your condition and job duties by documenting your job requirements, the timeline of symptom development, and medical causation through records showing a doctor connected your condition to work activities.
The Challenge of Gradual Onset
Unlike sudden injuries with clear accident dates, repetitive stress injuries develop over time. This creates unique challenges including determining when the injury occurred, when you became aware of the problem, and when you realized it was work-related.
Missouri law addresses this by focusing on when you first sought medical treatment or received a diagnosis connecting your condition to work activities.
How Do I File a Claim for My Repetitive Stress Injury?
Filing an RSI claim in Missouri involves specific steps and strict deadlines. Missing these requirements can jeopardize your entire claim.
Step 1: Report Your Injury to Your Employer
Under Missouri Revised Statutes Section 287.420, you must provide written notice to your employer within 30 days after diagnosis of occupational diseases or repetitive trauma. The deadline may be extended if you can prove the employer was not harmed by delayed notice.
Report your injury even if you’re unsure whether it’s work-related. Better to report and later determine the injury isn’t work-related than miss the deadline.
Step 2: Seek Medical Treatment
Get medical attention as soon as you recognize your symptoms might be work-related. During your medical appointments:
- Describe your job duties in detail
- Explain how your symptoms developed
- Ask your doctor to document the connection between your work and your condition
- Be honest about any pre-existing conditions or non-work activities that might contribute to your symptoms
Step 3: Document Everything
Start building your case immediately with
- Medical records
- Work records documenting job duties and equipment
- Symptom diaries tracking when symptoms occur and their severity
- Communication records with your employer and insurance company.
Step 4: File Your Formal Claim
You must file your workers’ compensation claim within two years of the injury date or the last payment made under the workers’ compensation system. For RSIs, this usually means within two years of when you first sought medical treatment for a work-related condition.
Step 5: Work with Healthcare Providers
Missouri’s workers’ compensation system requires you to treat with approved healthcare providers. Your employer’s insurance company will typically provide a list of approved doctors. While you may have some choice in providers, you can’t simply choose any doctor and expect the insurance company to pay.
What Challenges Might I Face?
RSI claims face unique challenges in Missouri’s workers’ compensation system. Being prepared helps build a stronger case.
The Prevailing Factor Burden
Proving that work was the prevailing factor in your RSI requires substantial medical evidence. Insurance companies often argue that:
- Age-related wear and tear caused your condition
- You have pre-existing arthritis or other conditions
- Your symptoms stem from non-work activities
- Your condition is degenerative rather than injury-related
Disputed Medical Causation
Insurance companies frequently challenge the medical connection between RSIs and work activities. They may
- Require independent medical examinations
- Question your doctor’s conclusions
- Argue that your condition has multiple causes
- Claim your symptoms are subjective and can’t be measured
Employer and Insurance Company Resistance
Because RSI claims can be expensive and long-lasting, employers and insurance companies often resist these claims more vigorously than acute injury claims. They may:
- Dispute that repetitive motions at work caused your condition
- Argue that you’re malingering or exaggerating symptoms
- Claim you failed to report the injury promptly
- Challenge your work restrictions and need for ongoing treatment
Documentation Challenges
RSIs develop gradually, making documentation more difficult than acute injuries. Common problems include:
- Lack of witnesses to a specific incident
- Difficulty pinpointing exactly when the injury occurred
- Incomplete medical records from the early stages
- Inconsistent symptom reporting
Types of Benefits Available for RSI Claims
If your RSI claim is approved, Missouri workers’ compensation provides several types of benefits to help you recover and manage your condition.
Medical Benefits
Workers’ compensation covers all reasonable and necessary medical treatment related to your RSI, including:
- Doctor visits and consultations
- Diagnostic tests (X-rays, MRIs, nerve conduction studies)
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment (braces, ergonomic tools)
- Surgery if necessary
Medical benefits continue for as long as you need treatment related to your work injury, potentially for the rest of your life.
Temporary Disability Benefits
If your RSI prevents you from working or limits your ability to work, you may receive temporary disability benefits
- Temporary Total Disability (TTD). If you cannot work at all while recovering, you receive two-thirds of your average weekly wage, subject to state maximums.
- Temporary Partial Disability (TPD). If you can work but earn less due to your restrictions, you receive two-thirds of the difference between your pre-injury and post-injury wages.
Permanent Disability Benefits
If your RSI results in permanent limitations, you may receive Permanent Partial Disability (PPD) compensation for limitations that don’t completely prevent work or Permanent Total Disability (PTD) if your condition completely prevents any work capacity.
Vocational Rehabilitation
If your injury prevents returning to your previous job, workers’ compensation may cover vocational rehabilitation services to help find new employment or learn new skills.
Building a Strong RSI Case
Success in RSI claims depends on building a strong case that establishes the work connection and meets Missouri’s legal requirements.
Medical Evidence. Your medical records are important. Work with your doctor to document symptom progression, get objective testing like nerve studies, and ensure their causation opinions are detailed. Maintain consistent treatment to show your condition’s ongoing impact.
Workplace Documentation. Document everything: your official job duties, ergonomic issues with your workstation, work schedules including overtime, and get statements from coworkers who witnessed your duties and symptoms.
Get Legal Help. RSI claims are medically and legally complex. An experienced attorney can organize your evidence, establish causation with medical providers, handle insurance negotiations, and represent you in hearings.
Common Mistakes to Avoid
Many RSI claims fail due to preventable mistakes. Understanding these common pitfalls can protect your case.
- Delaying Medical Treatment. Do not wait to seek medical attention. Early treatment not only helps your recovery but also creates important medical documentation for your claim.
- Failing to Report Promptly. Report your injury as soon as you suspect it is work related. Do not wait until you are certain or until symptoms worsen significantly.
- Inconsistent Symptom Reporting. Be consistent in how you describe your symptoms to different healthcare providers. Inconsistencies can undermine your credibility with insurance companies and judges.
- Ignoring Pre-existing Conditions. Be honest about any pre-existing conditions or prior injuries. Hiding these issues will only hurt your case when they are discovered later during investigation.
- Not Following Medical Advice. Follow your doctor’s treatment recommendations completely. Failing to attend appointments or follow work restrictions can be used against you by insurance companies.
- Trying to Handle the Claim Alone. RSI claims are complex legal matters. Do not try to handle everything yourself, especially if your claim is disputed by the insurance company.
Key Takeaways
- RSIs are covered under Missouri workers’ compensation as occupational diseases under Missouri Revised Statutes Section 287.067, but you must prove that work was the prevailing factor causing your condition
- The prevailing factor standard is strict. Your work duties must be the primary cause of your injury, not just a contributing factor
- Prompt reporting is important. You have 30 days to report occupational diseases or repetitive trauma to your employer after diagnosis
- Medical evidence is essential. Strong medical documentation connecting your condition to work activities is vital for claim success
- Documentation matters. Keep detailed records of your symptoms, medical treatment, and work duties
- Special provisions exist. Missouri law includes specific protections for workers with short-term exposure to repetitive motion
- Legal representation can be valuable. RSI claims are complex and often benefit from professional legal help
- Don’t delay seeking help. Early medical treatment and legal consultation can significantly improve your chances of success
Frequently Asked Questions
How long do I have to file a workers’ compensation claim for an RSI in Missouri?
You have 30 days to report occupational diseases or repetitive trauma to your employer after diagnosis, unless you can prove the employer was not prejudiced by delayed notice. You then have two years to file your formal claim with the Division of Workers’ Compensation from the date of injury or last payment of benefits.
What if my employer says my RSI isn’t work-related?
Your employer’s opinion doesn’t determine whether your injury is work-related. You need medical evidence establishing the connection between your condition and your work duties. If your employer disputes your claim, you may need to present your case to a workers’ compensation judge.
Can I be fired for filing an RSI claim?
Missouri law prohibits employers from retaliating against employees for filing workers’ compensation claims. However, you can be terminated for legitimate, non-retaliatory reasons. If you believe you’re facing retaliation, consult with an attorney immediately.
What if I have a pre-existing condition that was made worse by work?
You may still be eligible for benefits if your work activities were the prevailing factor in worsening your condition. However, you’ll need strong medical evidence to prove this connection under Missouri’s strict prevailing factor standard.
Do I have to use my employer’s chosen doctor?
Initially, yes. Missouri requires you to treat with healthcare providers approved by your employer’s insurance company. However, you may have some choice among approved providers, and in some cases, you may be able to change doctors.
What if my RSI claim is denied?
You can appeal a denied claim through Missouri’s workers’ compensation system. This process involves hearings before administrative law judges and can be complex. Legal representation is highly recommended for appeals.
How much will I receive in workers’ compensation benefits?
Disability benefits are typically two-thirds of your average weekly wage, subject to state maximums. Medical benefits cover all reasonable and necessary treatment. The exact amount depends on your specific circumstances and wage history.
Can I sue my employer for my RSI?
Generally, no. Workers’ compensation is typically your exclusive remedy against your employer. However, you may be able to sue third parties who contributed to your injury, such as equipment manufacturers or contractors.
What happens if I was exposed to repetitive motion for less than three months?
Missouri law includes special provisions under Section 287.067(8) for short-term exposure. If your exposure was less than three months and evidence shows the prior employer’s conditions were the prevailing factor, the prior employer may be liable for your occupational disease.
Contact Adams Law Group Today
If you’re suffering from a repetitive stress injury that may be related to your job, it is important to seek help as soon as possible. Workers’ compensation claims can feel overwhelming, especially when you are already managing pain and uncertainty.
At Adams Law Group, we help workers in St. Peters and throughout Missouri pursue the benefits they are entitled to. Our attorneys understand how these injuries develop over time and the challenges they bring. We are ready to stand by your side and guide you through the process.
You can schedule a free consultation with our team to learn more about your options. We will review your situation, answer your questions, and give you clear and honest advice. There are no attorney fees unless we win your case.
Do not let an untreated injury affect your future. Contact Adams Law Group today and take the first step toward protecting your health, your job, and your financial well-being.
