New York City Repetitive Strain Injury Attorney

Fighting For Those Who Are Suffering From Repetitive Strain Injuries in New York

Repetitive strain injuries (RSIs) are a common type of workplace injury that develop over time. Employees who perform repetitive tasks or engage in prolonged activities with awkward postures or movements are at risk for RSIs.

At Schotter Millican, LLP, our Brooklyn workers' compensation lawyers are well-versed in the nuances of repetitive strain injury claims. We have the experience and knowledge to help you navigate the process and fight for the full, fair benefits you are owed.

For a free and confidential consultation, call (718) 550-0610 or online today with our repetitive strain injury lawyer in New York City.

What Is a Repetitive Strain Injury?

A repetitive strain injury is an injury that occurs when an individual performs the same or similar motion over and over again. These injuries can occur as a result of work-related activities, such as typing, using a computer mouse, lifting heavy objects, and more. They can also be the result of non-work-related activities, such as sports, hobbies, and even the aging process.

Most RSIs affect the tendons, muscles, and nerves in the hands, wrists, elbows, and shoulders, although they can also affect other parts of the body, such as the knees, ankles, and feet.

Common Types of Repetitive Strain Injuries

There are many different types of repetitive strain injuries, many of which affect the upper body. Some of the most common types of RSIs include:

• Carpal tunnel syndrome – This is one of the most well-known types of RSIs. It affects the median nerve in the wrist and can cause numbness, pain, and weakness in the hand and wrist.
• Tennis elbow – Also known as lateral epicondylitis, tennis elbow affects the tendons in the elbow and can cause pain and tenderness on the outside of the elbow. It is a common RSI for people who frequently use their hands and wrists for activities such as typing or operating machinery.
• Golfer's elbow – Also known as medial epicondylitis, golfer's elbow affects the tendons in the elbow and can cause pain and tenderness on the inside of the elbow. It is similar to tennis elbow but affects different tendons.
• Trigger finger – This type of RSI affects the tendons in the fingers and can cause the finger to get stuck in a bent position.
• De Quervain's tenosynovitis – This type of RSI affects the tendons in the thumb and can cause pain and swelling at the base of the thumb.
• Bursitis – Bursitis is an RSI that affects the bursae, which are small fluid-filled sacs that cushion the bones, tendons, and muscles near the joints. Bursitis most commonly affects the shoulder but can also affect the elbow, hip, or knee.

Common Causes of Repetitive Strain Injuries in the Workplace

Below are some of the most common causes of repetitive strain injuries in the workplace:

• Typing and Computer Work: Modern office environments often require employees to spend long hours typing or using a mouse. This constant use of hand and wrist muscles can lead to conditions such as carpal tunnel syndrome, which causes pain, numbness, and tingling in the hands and wrists. Many workers in data entry, programming, and administrative positions face a heightened risk of developing these injuries.
• Lifting and Carrying: Workers in manual labor positions, which includes construction, manufacturing, and warehousing, often perform repetitive motions like lifting and carrying heavy objects. Over time, these tasks can cause strain to the muscles and tendons in the back, shoulders, and arms, potentially leading to debilitating injuries like rotator cuff tears or lumbar strain.
• Assembly Line Work: Assembly line workers often perform the same motion hundreds or thousands of times each day. This can include tasks like using tools, pressing buttons, or moving materials. Such repetitive motions could lead to RSIs in the hands, arms, neck, and shoulders. Employers are required to design workstations that reduce the risk of strain, but failure to do so is common, leaving workers at risk.
• Standing for Long Periods: Some workers, particularly those in retail, healthcare, or food service, are required to stand for extended periods. This can lead to repetitive stress on the lower extremities, including the knees, ankles, and feet. Conditions like plantar fasciitis, shin splints, and lower back strain are common among employees who spend their workday on their feet.
• Vibration Exposure: Workers who operate heavy machinery, power tools, or equipment that vibrates can experience a type of repetitive strain injury known as vibration white finger (VWF) or hand-arm vibration syndrome (HAVS). These conditions affect the nerves and blood vessels in the hands and arms, leading to pain, tingling, and reduced circulation. Long-term exposure can cause permanent damage.
• Poor Ergonomics: Workstations that are not properly designed for the employee’s body or task can contribute significantly to RSIs. This often includes desks, chairs, and tools that are improperly positioned, forcing workers to maintain awkward postures or perform repetitive movements that strain muscles and tendons. Many office workers, factory employees, and even healthcare providers experience RSIs because of poor ergonomics.

Can I Get Workers' Compensation for a Repetitive Strain Injury?

Yes, you can file a workers' compensation claim for a repetitive strain injury. However, these types of claims can be more complex than other types of workplace injury claims because they often involve ongoing activities and/or cumulative trauma. Additionally, employers and their insurance companies are often skeptical of RSIs and may try to deny or minimize the validity of your claim.

That is why it is crucial that you have an experienced workers' compensation attorney on your side to help you navigate the process and fight for the benefits you are owed.

How Do I File a Workers' Comp Claim for an RSI?

If you believe you have developed a repetitive strain injury as a result of your work activities, you should report your condition to your employer as soon as possible. In New York, you have 30 days to report your injury to your employer. However, the sooner you report your condition, the better.

When you report your injury, you should explain to your employer how your work activities contributed to your condition and provide as much detail as possible.

After you report your injury, your employer should provide you with the necessary workers' compensation claim forms. If they do not, you can obtain these forms from the New York Workers' Compensation Board.

Once you have the forms, you will need to complete them and submit them to the appropriate parties. This includes your employer, the Workers' Compensation Board, and your employer's workers' compensation insurance provider.

What is the Statute of Limitations For a Repetitive Strain Injury Claim in New York?

Keep in mind that you will need to submit your claim within the applicable statute of limitations. In New York, you have two years from the date of your injury to file a workers' compensation claim. However, if you developed your repetitive strain injury over time, you have two years from the date you knew or should have known that your injury was work-related.

What Benefits Can I Receive for a Repetitive Strain Injury?

If your workers' compensation claim is approved, you will be eligible to receive certain benefits. These benefits are intended to cover the cost of your medical treatment and a portion of your lost wages.

Specifically, you may be entitled to receive the following benefits:

• Medical benefits – You are entitled to receive all necessary and reasonable medical treatment for your repetitive strain injury. This includes doctor's visits, hospital stays, medications, surgeries, medical equipment, and more.
• Temporary total disability benefits – If your repetitive strain injury temporarily prevents you from working, you may be entitled to receive temporary total disability benefits. These benefits are equal to two-thirds of your average weekly wage and are available if you are unable to work for more than seven days.
• Permanent partial disability benefits – If your repetitive strain injury causes a permanent disability, you may be entitled to receive permanent partial disability benefits. The specific amount of benefits you will receive will depend on the nature and extent of your disability.

In some cases, you may also be entitled to receive additional benefits, such as job displacement benefits or death benefits. A workers' compensation lawyer can help you understand what benefits you may be eligible to receive and can work to ensure you are receiving the maximum benefits you are owed.

What If My Repetitive Strain Injury Claim Is Denied?

If your workers' compensation claim for a repetitive strain injury is denied, you are not out of options. You have the right to appeal the decision and request a hearing with the Workers' Compensation Board. However, you only have 30 days from the date of your denial to request a hearing.

At the hearing, you and your employer will both have the opportunity to present evidence and arguments regarding your claim. You will need to prove that your injury is work-related and that you are entitled to receive workers' compensation benefits.

Because these hearings can be complex, it is highly recommended that you have a workers' compensation attorney on your side. An attorney can help you gather the necessary evidence, prepare your case, and represent you at the hearing.