Content reviewed by:
Alex Shulman
Yes, you can get workers’ compensation for repetitive stress injuries. However, proving your claim can be harder than with other types of injuries. Repetitive stress injuries occur over time rather than because of one definitive accident or incident.
These types of injuries are also known as cumulative trauma disorders, and they are among the most common work-related injuries in New York. They often result from repeated motions, awkward postures, or continuous strain during the course of your job duties.
If your claim has been denied, our workers’ compensation lawyers in New York City can help. Our team has more than 200 years of combined legal experience. Every Borough, Every Block, New York, We Got You. Call today for your free consultation and tell us what happened.
How to Know if You Have a Repetitive Stress Injury
For most workplace injuries, you should see a doctor immediately after the accident. This often means leaving work, telling your boss or coworkers, or, in severe cases, allowing emergency responders to take you to the hospital.
Since repetitive stress injuries onset slowly, you might first realize you have an issue during a routine medical consultation, or after months of pain and frustration you hoped would go away.
You may have mentioned to your doctor that you are experiencing symptoms such as:
- Pain, swelling, or tenderness in joints or muscles
- Tingling or numbness in fingers or extremities
- Weakness or decreased range of motion
- Chronic fatigue in affected areas
Causes of Repetitive Stress Injuries
If your injury happened because of your job duties, you could get workers’ comp for your repetitive stress injuries.
Many occupations require activities that can lead to these types of injuries, such as:
- Typing or extensive computer use
- Operating machinery or assembly line work
- Repetitive lifting or bending
- Prolonged gripping or use of hand tools
You will need to show that your injury occurred or was made worse by your job with the use of evidence such as medical records, your job description, and physician opinions stating that your employment contributed to your condition.
Workers’ Compensation in New York
Workers’ compensation is a state-mandated insurance program that provides benefits for employees who are injured or become ill because of their jobs. This includes injuries related to repetitive stress injuries.
If eligible, the benefits you may receive include:
- Medical treatment for the injury, including doctor visits, surgery, physical therapy, and medications
- Wage replacement for lost income due to missed work
- Temporary disability benefits if you cannot work while recovering
- Permanent disability benefits are available if the injury causes lasting impairment
If your employer denies your workers’ comp, you have the right to appeal their decision. Our attorneys can help you protect your rights and get the benefits you need, so you can heal and return to work.
How Our Workers’ Compensation Lawyers Can Help
Repetitive stress injury claims can be more complicated than sudden injury claims. Consulting an experienced workers’ compensation lawyer can give you the professional guidance you need for a successful claim or appeal.
Some of the ways our team may be able to help include:
- Collecting and presenting medical evidence
- Communicating with insurance adjusters and employers
- Filing appeals if your claim is denied
- Maximizing the benefits you are entitled to, including wage replacement and permanent disability
Insurers may dispute your doctor’s diagnosis or request an independent medical examination to evaluate the injury. If your employer or their insurance company denies your benefits, our legal team can protect your rights and walk you through the appeals process.
Deadlines for Your Worker’s Compensation Claim
You must notify your employer within 30 days of the date you become aware of your injury. However, it is smart to do so as soon as possible. Inform them in writing, and keep copies of all documentation your employer provides.
According to New York WCL § 28, you have two years to file the Employee Claim Form C-3 and begin your claim. Missing this deadline can mean losing out on your workers’ compensation benefits.
Get Help With Your New York Workers’ Comp Claim
You can get workers’ comp for repetitive stress injuries in most cases. Unfortunately, the long-term development of these injuries gives insurers the leeway to challenge and deny claims. That doesn’t mean your case is over. You have the right to challenge their decision.
An attorney who handles workplace injury cases in New York can help you collect evidence and file your appeal, then represent you in hearings. We will work to get you the benefits you need to recover and get back to your job.
Shulman & Hill Injury Lawyers has served more than 26,000 New Yorkers and helped them get the awards, settlements, and benefits they deserve. If you’ve been hurt at work and you’re having trouble with your claim, we’ve got you. Call today to schedule your free consultation.
