New York Repetitive Stress Injury Lawyers
Repetitive stress injuries are often painful and create significant challenges when you attempt to complete your job and do your daily living activities at home. If you experience an injury from repetitive stress at work, you may qualify for compensation under your employer’s workers’ compensation coverage.
The experienced and compassionate New York workers’ compensation lawyers of Fusco, Brandenstein & Rada, P.C. understand that you have a unique situation. We will listen to your needs and make your case our priority. With over 40 years of experience and a specialty in workers’ compensation, you can depend on us to protect your rights and seek fair compensation for your injury.
We have extensive experience in workers’ compensation claims and the appeals process. You will never have to pay out-of-pocket for your attorney. Fees for workers’ compensation cases are set by the court and paid by the insurance company after an award has been issued. Contact Fusco, Brandenstein & Rada, P.C. today at 516-496-0400 or on our website for a free consultation.
What Is a Repetitive Stress Injury?
A repetitive stress injury (RSI) is also sometimes called a repetitive strain injury. This injury happens when there is a gradual buildup of damage to nerves, muscles, and tendons from repetitive motion. Different types of activities that can trigger these injuries include:
- Using a computer mouse
- Swiping at a supermarket checkout
- Grasping tools
- Repetitive action on an assembly line
- Poor posture
- Holding the phone on your shoulder
- Using chairs that are too tall
Industries where workers are most at risk for repetitive stress injuries include:
- Health services
- Food preparation
However, while people in these jobs have a higher risk for RSI, there are modifiable factors that can reduce the risk. If you believe you may be at risk for a repetitive strain injury, speak with your employer about possible modifications to your workstation that may help.
Warning Signs and Symptoms of an RSI
There are several warning signs and symptoms of a repetitive stress injury. Depending on the part of the body that’s affected, the general symptoms can include:
- Pain, tenderness, and/or swelling
- Pain is throbbing or pulsating
- Tingling, especially when the hand or arm is affected
- Loss of sensation
- Loss of strength
- Sensitivity to cold or heat
Symptoms often begin gradually, becoming more constant and more intense over time. Even after treatment has started, the symptoms may limit your abilities. Repetitive stress injuries are also called overuse injuries and can affect different areas of the body. Many of these injuries have names that may not be related to the action that caused the injury.
For example, patellar tendonitis is also called jumper’s knee. This affects people who do a lot of jumping or jumping-type actions. It’s more frequently seen in basketball and volleyball players but can also happen in people who repetitively do deep knee bends on the job.
Other common overuse injuries include:
- Intersection syndrome: caused by repeated flexion and extension of the wrist
- Rotator cuff syndrome: damage to the tendons that hold the shoulder joint in place
- Golfer’s elbow: overuse of the tendons on the inside of the lower arm
- Tennis elbow: tendonitis of the outer part of the elbow
- Little League elbow: in adults, it’s called ulnar collateral ligament injury from repetitive overhead motion
- Runner’s knee: occurs in people who do a lot of walking, biking, or deep knee bending
- De Quervain’s tenosynovitis: affects the tendons on the thumb side of the wrist
- Achilles tendonitis: inflammation of the Achilles tendon connecting the calf muscle to the heel bone
- Tendonitis of the wrist: swelling of the tendons connecting the muscle to bone in the wrist
- Carpal tunnel syndrome: damage to the tendons running through the wrist places pressure over the medial nerve causing numbness, tingling, and weakness in the hand or arm
- Shin splints: overuse of the muscles and tendons along the shinbone
Proving That an RSI Is Work-Related
If you suspect that you’ve developed an overuse injury, it’s important to take several steps to prove it is work-related. Document the actions in your job that you believe may have led to the injury. Confirm your suspicions with your doctor and physical therapist, who can also document your job-related actions that would commonly lead to this type of injury. Documentation is vital. Any medical evidence from your doctor and physical therapist will help prove that your repetitive stress injury is work-related.
Next, keep a record of the number of hours you do this particular action. Also, include when the pain began and how the pain has progressed. Another indication the pain is work-related is if it disappears when you’re no longer doing the action for a couple of days and returns when you continue the action.
Keep a journal of how the injury has impacted your ability to do your job or perform activities of daily living. Include observations from your family and your coworkers. Under New York law, you must report your injury within 30 days of an accident and have two years to file a claim if the injury causes other damage.
In the case of a repetitive stress injury, the pain and damage may develop slowly. It is important to report your injury to your employer as soon as you believe you may have a repetitive stress injury. Once you have reported it to your employer, it’s necessary to visit your doctor immediately.
Workers’ compensation covers more than catastrophic injuries. It can also be used to help treat work-related repetitive stress injuries. The attorneys at Fusco, Brandenstein & Rada, P.C. are experienced with workers’ compensation law in New York. Contact us today for a free consultation and discussion of how to best approach your specific situation.
Seeking Worker’s Compensation Benefits From an RSI
When you apply for workers’ compensation, you must operate under strict procedures and deadlines. If you accidentally miss a deadline or make a mistake, it can affect your right to compensation. Some of the common reasons your claim may be denied include:
- Failure to notify your employer after an accident occurs
- Lack of medical evidence, including documentation from your doctor
- Waiting too long between identifying the injury and seeking initial treatment or not following through on physician recommendations
- Conflicting statements between the employer and employee about the cause of the injury
- Poor insurance investigation, failing to adequately evaluate the claim or denying the claim without reviewing the evidence
If your workers’ compensation claim for a repetitive stress injury is denied, you have several options for an appeal process. This includes a hearing, administrative appeal, or an appeal to the state court.
The attorneys at Fusco, Brandenstein & Rada, P.C. are dedicated to handling your case from start to finish. This allows you to spend the necessary time recovering from your injury. You don’t need the extra emotional and financial burden of fighting for your rights while you’re trying to recover from a painful and sometimes debilitating condition.
Contact Fusco, Brandenstein & Rada, P.C. Today
Our legal team understands the stress of pursuing benefits from workers’ compensation coverage. Repetitive stress injuries often mean you are out of work and face financial struggles while paying for medical expenses. The process can be an overwhelming experience.
However, when you hire Fusco, Brandenstein & Rada, P.C., we aggressively fight to protect your rights and to ensure you receive the maximum fair compensation you deserve. Our experience, knowledge, and resources will serve you well. You’ll be able to depend on us when you need legal support and guidance in the process. Remember, you will not be charged by our firm, and we are only paid when we win your compensation.