Content reviewed by:
Alex Shulman
No, repetitive lifting injuries typically do not lead to a civil claim. Repetitive lifting injuries are commonly covered under New York Workers’ Compensation law when the physical demands of your job cause injuries that develop over time.
Because repetitive lifting injuries happen slowly, they are often hard to prove. Insurers often deny claims and look for ways to claim your injury happened for another reason. A knowledgeable attorney can help you push back and get the benefits you need.
Our New York City Workers’ Compensation lawyers have over 200 years of combined legal experience, and can help you sort out your options while you recover. Every Borough, Every Block, New York, We Got You. Call today to schedule your free consultation.
Why is it Hard to Prove Repetitive Lifting Injury Claims?
Repetitive lifting injuries do not usually begin with one dramatic event. The damage often builds over time. A sore back becomes constant pain. A shoulder starts to lock up. Numbness or weakness may follow, making it harder to do your job.
Because your symptoms develop gradually, it is tempting to keep working, and you may hope that rest and over-the-counter treatments will help. By the time you seek medical treatment, the delay can make the legal side of your claim harder to evaluate.
Insurance companies may argue that the problem came from age, other activities, or a prior condition. That is one reason working with an attorney is so important.
Should You Hire an Attorney?
Dealing with a workplace injury on your own is tough. Early legal advice can help you understand the benefits you are entitled to. Some of the things a lawyer may do to help with your claim include:
- Investigate how the injury happened
- Gather medical records, site evidence, witness statements, and other proof
- Communicate with your employer and insurance companies
- Calculate damages such as lost income and medical costs
- Help you contest a denied claim
- Manage deadlines and represent you in settlement talks or court.
These cases often involve questions about who controlled the work and what safety protocols applied. When a serious injury affects your income and your future, it helps to have someone with knowledge of the law assess the full picture.
How Can You Get Workers’ Compensation for Repetitive Use Injuries?
Repetitive use injuries, also known as cumulative trauma or repetitive stress injuries, are covered under the New York Workers’ Compensation system. Because these injuries develop gradually over time, it can be tough to prove your claim. Important steps include:
- Report Your Injury: Notify your employer as soon as you recognize the connection between your condition and your work duties. In New York, you generally have 30 days to report and 2 years from the date of disablement or last exposure to file a claim.
- Seek Medical Attention: Visit a Workers’ Compensation Board-authorized physician who can diagnose your condition and document its work-related cause.
- File Your Claim: A C-3 Employee Claim Form officially initiates your claim with the New York Workers’ Compensation Board.
- Establish Causation: Your doctor’s opinion can link your injury to your specific job duties.
- Get Legal Help: Employers or insurers may challenge repetitive stress claims. An experienced Workers’ Compensation attorney can advocate on your behalf.
What Evidence Do You Need to Prove a Repetitive Lifting Injury Claim?
Successful Workers’ Compensation claims often rely on strong medical and employment evidence. If your employer denies your claim, a lawyer can help you gather additional information. This may include:
- Medical records can help document your treatment history and the progression of your injury.
- Physician opinions may help establish that your condition is related to the physical demands of your job.
- MRI results can provide objective evidence of soft tissue, spinal, or nerve-related injuries.
- X–rays may help identify structural damage or degenerative changes connected to repetitive strain.
- Job descriptions and work schedules can show the physical requirements and frequency of lifting involved in your position.
- Reports describing repetitive lifting duties may help demonstrate how your daily work activities contributed to your condition.
- Statements from coworkers or supervisors can support your account of the physical nature of your job duties.
- Documentation of missed work or physical restrictions can help show how the injury has affected your ability to perform your job.
Doctor’s records and statements can help connect your condition to the physical demands of the job. Without that link, opposing attorneys may attempt to argue that your injury came about due to some other reason. Solid evidence and help from an attorney can make a difference.
Talk to Our New York Attorneys About Your Options
If repetitive lifting at work caused you serious injuries, you must typically seek resolution through the New York Workers’ Compensation system. Evidence depends on your job, the site, the people involved, and the medical proof linking your condition to the work you performed.
These cases are common in physically demanding industries, but insurance companies do not always make the process easy. Having experienced legal guidance can help you protect your rights and pursue the benefits you need while recovering.
Our team at Shulman & Hill has recovered more than $1 billion in awards and settlements for injured New Yorkers. From Manhattan to every borough, we help injured workers understand their rights and get the compensation they deserve. Call now to book a free consultation.
