You're developed RSI(s) that is (are) work-related, and thus may be characterized as “work-related disability(ies).”

Now what?

How are you going to pay for medical care? Attorney's fees and costs? Get any cash benefits?

Your legal options may include, but not necessarily be limited, to:

- Workers’ Compensation (a.k.a. “Workers’ Comp”)* (Strict liability and exclusive jurisdiction under California law.)

- OSHA

- Federal statutes and federal case law (I.e., Westinghouse case (1968/1970): Can't force a worker to do something that he knows is dangerous.)

- FELA - Federal Employees Liability Act

- Longshoremen & Harborworker's Act

- Common-law Torts under state Law (civil injury law) may or may not apply to your situation. Your state’s workers’ comp laws may or may not pre-empt any common-law torts (i.e., intentional or negligent infliction of emotional distress, negligence, etc.). Or, you may have a choice between state worker's comp laws and common-law torts. Or, you may have the best of both worlds. See a workers' comp attorney!

Pursue your legal rights and remedies as soon as possible after you develop your work-related disability(ies) to avoid missing any statute of limitations issues (file your claim in/on time before your rights expire, or you won't be able to file a claim, period).

*Depending on relevant law to your situation, your primary legal recourse may be through your state’s “workers' comp”statute (if any).

If you are a federal or state employee, you may have additional rights and remedies under relevant federal and/or state law.

Confer with a licensed Workers' Comp attorney in your jurisdiction regarding your legal rights and remedies, if any, against your employer.

Example: My worker's comp attorney was Mitch Ellis, Esq.** Thanks to Mitch, I was fortunate to get approximately $25,000 as a final settlement against Allstate Insurance Co., Dean Witter Reynolds Inc.'s worker's comp insurance carrier, in the mid-1990s.

**Mitch Ellis, Esq.; 1783 Union St., San Francisco, CA 94123, (415) 775-7363, mitchellis@msn.com.

An excellent and low-cost initial reference book on workers’ comp law is Nolo Press’ “Take Charge of Your Workers’ Compensation Claim: An A to Z Guide for Injured Employees, 2nd Edition,” by attorney Christopher A. Ball. [$34.95]

For more information, go to: http://www.nolo.com.

If you develop a service-connected disability (which may or may not be an RSI) during your tour of duty as a member of the armed forces, you may have legal recourse through relevant Veterans Administration statutes. Go to the VA's web site at: http://www.va.gov/.

Examples: (1) You developed PTSD (Post-traumatic Stress Disorder) as a result of a tour in Vietnam. (2) You were severely wounded or lost a leg during said war. Go to a veterans' service organization such as the San Francisco Vet Center,*** state veterans’ benefits office, or Swords to Plowshares, for further information.

If you developed RSI during your tour of duty, and it is a service-connected disability, you may or may not have rights and remedies to pursue. Again, go to your local Vet Center or state veterans’ benefits office for assistance and information.

Caveat: Due to a recent $1 billion to $1.7 billion federal cutback in the Veterans’ Administration’s budget, your rights and remedies, if any, may or may not be adversely affected. Again, go to your local Vet Center or state veterans’ benefits office for assistance and information.

***The San Francisco Vet Center’s new address and phone information: San Francisco Vet Center, 505 Polk St., San Francisco, CA 94103, (415) 441-5051 phone, (415) 441-5092 fax.

Note that this Supervised Writing Project does NOT constitute medical and/or legal advice. This Project is presented for educational purposes only as a Supervised Writing Project in TPW 698 at San Francisco State University. It is NOT a substitute for legal and/or medical advice and services rendered by a duly-licensed practitioner and should not be used as such.

This Project does not constitute the unauthorized practice of law. This Project is intended only to provide information (in the form of an academic supervised writing project) to help you interpret and evaluate information from your doctors and attorneys.

If you have health problems, consult a licensed medical practitioner immediately! Legal problems? See a licensed attorney!

The Author recommends that you consult an attorney and/or doctor for professional advice and care as necessary and appropriate. Second and additional opinions from both doctors and attorneys may be informative and useful to you.

The Author disclaims any and all liability or responsibility for damages, consequential or inconsequential, direct or indirect, arising from the use of the materials in this Project.

The Author does not make any warranty, express or implied, for the accuracy or usefulness of the Project’s information. The Author is not responsible for any omissions, errors, inconsistencies with other sources, or misrepresentation.