As an attorney practicing workers’ compensation law in Florida, I often encounter questions about injuries that develop over time rather than from a single, sudden accident. These are known as repetitive trauma injuries, and they are indeed compensable under Florida’s workers’ compensation system.
In Florida workers’ compensation claims, repetitive trauma injuries are compensable under the “exposure theory of accident,” as established in cases like Festa v. Teleflex.
To establish a repetitive trauma claim, a claimant must demonstrate three elements:
- Prolonged exposure: The claimant must show they were subjected to a prolonged period of the injurious activity.
- Cumulative effect: The prolonged exposure must have a cumulative effect, resulting in an injury or the aggravation of a pre-existing condition.
- Greater hazard: The claimant must have been subjected to a hazard greater than that to which the general public is exposed.
Alternatively, a claimant can demonstrate a series of occurrences, the cumulative effect of which is injury. Medical opinions, such as those from an Independent Medical Evaluation (IME), are crucial in establishing the causal connection between the repetitive work activities and the injury.
For example, in one case, a worker developed carpal tunnel syndrome from twisting his wrist while exerting 30-40 pounds of pressure to remove excess plastic from 500-900 plastic plugs per shift. This was deemed a compensable injury because the prolonged exposure to repeated trauma (twisting and turning action of his wrists) caused the condition, and he was subjected to more than the ordinary hazard confronting people generally.
Another example involved a worker whose job included stocking shelves, bagging groceries, unloading trucks, moving frozen food carts, and cleaning and stocking produce counters. The court found that the type of work performed by the claimant led to the development of Kienbock’s disease (a condition affecting wrist bones), making the injury compensable under the repeated trauma theory.
If you believe you have sustained a repetitive trauma injury as a result of your employment, it’s vital to understand your rights and eligibility for workers’ compensation benefits. Please don’t hesitate to contact us at Berlin Law Firm to discuss your specific situation. We’re here to help you navigate the complexities of these claims.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for advice regarding your individual situation
Sources
Festa v. Teleflex, 382 So.2d 122 (Fla. 1st DCA 1980)
Winn-Dixie Stores v. Morgan, 533 So. 2d 783 (Fla. 1st DCA 1988)
Amanda Annunciata, Partner
Amanda Annunciata, Esq. is a Partner at Berlin Law Firm, focusing exclusively on Florida workers’ compensation law. With a background as both a former Assistant State Attorney and child welfare advocate, Amanda brings sharp litigation skills and deep compassion to every case. She is recognized for her professionalism, legal expertise, and dedication to injured workers across Tampa and Sarasota.
