Most employees and employers alike are familiar with workers’ compensation on some level. Many Minnesota employees understand it is a system in place to protect injured workers.
On a fundamental level, the system is there to compensate employees who suffer a work injury. However, establishing the connection between the injury and work is not always as simple as it may sound.
What is a Gillette Injury?
Despite how familiar you may be with workers’ compensation, you have probably never heard of the term “Gillette Injury.” The phrase Gillette injury stems from a 1960 Minnesota Supreme Court case, Gillette v. Harold, Inc.
The case set a precedent for eligibility for workers’ compensation when a claimant’s everyday work duties aggravate an existing condition or injury.
Specifically, a Gillette injury occurs when the cumulative effects of repetitive trauma are severe enough to disable an employee.
Gillette injuries are complicated, and it can be challenging to prove the causal connection between your job duties and the injury.
What Is Considered the Date of Injury?
In most cases of acute work injuries, the date of the injury for purposes of your workers’ compensation claim is simply the date the accident and resulting injury occur.
For instance, if you fall off a ladder and break your leg on February 1st, the date of injury is February 1st.
However, with a Gillette injury, it is a bit more complicated. Courts use several factors to determine the date of disablement or ascertainable events. These factors include the following:
- The date the employee initiated medical attention,
- The date of job modifications per doctor’s order,
- The date of an MRI scan and definitive diagnosis,
- The date the treating doctor determined the condition was related to work,
- When the employee’s symptoms began to recur,
- When the employee sought regular medical treatment,
- The date the employee advised their employer they could no longer work due to the injury.
Over time, the courts have expanded the meaning of the date of disablement, which has significantly broadened since the term was coined.
Common Types of Gillette Injuries
While there is no definitive list of types of Gillette injuries, there are common ones that we often see, including:
- Carpal tunnel,
- Rotator cuff injuries, and
Gillette injuries are undoubtedly different from sudden acute injuries. However, they are just as serious. A knowledgeable workers’ compensation can help you assess your injury and potential compensation.
Gillette Injury Workers’ Compensation Attorney
When you suffer a work injury, more than just your pain and discomfort hang in the balance; your financial security is also in the mix.
Gillette injuries can be challenging to prove, and you need an experienced and knowledgeable workers’ compensation team.
Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result. Now, he focuses 100% of his practice on defending injured workers in Minnesota.