Repetitive stress injuries are a result of repetitive physical motions or prolonged awkward postures. They can develop over months or years in a wide variety of occupations, from physically strenuous labor to desk jobs that involve frequent typing or mouse use.
Do you have the right to request Workers’ Compensation for repetitive stress injuries, though? Our New York City repetitive stress injuries lawyers say yes and will fight for your right to do so.
O’Connor Law and our Workers’ Compensation lawyers in New York City have advocated for victims of workplace accidents since 2009. We’re here to break down your right to Workers’ Compensation in plain terms and to represent you in conversations with your employer, insurers, and government representatives. Book a case consultation with us today to learn more.
Reporting a Repetitive Stress Injury
In New York, virtually all employers are required to carry Workers’ Compensation Insurance, providing crucial coverage for work-related injuries and illnesses.
To protect your rights after a repetitive stress injury, you must provide notice to your employer in writing within 30 days of the injury or from when you first realized it was work-related. A written record is essential, as it prevents any discrepancies between your account and your employer’s, reducing the risk of a claim denial.
Navigating the Workers’ Compensation system can be challenging, especially with the unique deadlines and requirements for repetitive stress injuries. Our New York City repetitive stress injuries lawyers have extensive experience helping injured workers fight for the benefits they need, from ensuring your claim is filed correctly to advocating on your behalf with insurers.
Seek Medical Attention Right Away
Repetitive stress injuries tend to develop over time instead of as the result of a single accident. As such, you must visit a doctor to get an official diagnosis and medical records for your Workers’ Compensation claim. The sooner you can schedule your appointment, the sooner you can get the financial support you need to recover.
What’s more, you need to continue visiting a doctor after reporting your injury to your employer. Consistent medical visits let insurers know that your condition is serious and requires ongoing care. If you take too long to visit a doctor, insurers may claim that your injuries are not serious and deny your request for support.
Your doctor should provide you with a preliminary medical report that details your repetitive stress injury and early recommendations for treatment. That doctor, who must be authorized by the New York Workers’ Compensation Board, should then file a CMS-1500 Form with the Board, as well as with you and your employer or their insurance carrier. Don’t pay for these appointments yourself, as the doctor will be compensated by the Workers’ Compensation insurance.
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Contact a Repetitive Stress Injuries Lawyer in New York City
Once you’ve received an initial medical consultation and discussed your injury with your employer, we recommend you schedule a case consultation with a New York City repetitive stress injuries attorney. An attorney can prevent your employer and insurance adjusters from misrepresenting your injury and economic losses.
A consultation about your right to a Workers’ Compensation claim comes free of charge when you contact O’Connor Law. What’s more, that consultation won’t lock you into legal action. You can candidly discuss your circumstances with our team, get the advice you need to understand your circumstances, and then outline how you want to recover.
File Your Workers’ Compensation Claim
Once you have an attorney on your case, you can begin filling out a Form C-3. Form C-3s allow you to communicate your need for financial support to the Workers’ Compensation Board, but you must file your claim within two years of recognizing your repetitive stress injury. The sooner you can file your claim, the better.
Attorneys make it easier to understand what information these forms want from you and how you can present that information to the Workers’ Compensation Board. We can specifically prevent you from making mistakes that might see your claim denied or stuck in bureaucratic limbo.
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How to Respond to Repetitive Stress Injuries Claim Denials
Unfortunately, many employees contending with repetitive stress injuries find their claims denied after submitting incomplete claims, missing filing deadlines, or facing disputes from an insurer. However, claim denials do not mean that your quest for financial support is at an end. You can work with our New York City repetitive stress injuries lawyers to:
- File a Form RFA-1, requesting a hearing with a Workers’ Compensation Law Judge.
- Request an appeal in writing with the Workers’ Compensation Board’s Appeal Board within 30 days of your denial.
- File an appeal to the New York State Appellate Division, Third Judicial Department, within 30 days of the WCB’s decision.
Discuss Your Right to Schedule Loss of Use
If your repetitive stress injury results in a permanent loss of use or function in a specific body part, you may be entitled to a Schedule Loss of Use (SLU) award. This is a lump-sum cash benefit that compensates you for your permanent impairment, separate from lost wage benefits.
The process for an SLU award begins after your doctor determines you have reached Maximum Medical Improvement (MMI). Your doctor will then file a Form C-4.3, which documents their finding and assigns a percentage of permanent impairment to the affected body part.
Insurers often have their own doctor examine you and may contest the percentage of loss, sometimes focusing only on a measurable range of motion while downplaying factors like pain and reduced strength. After receiving these reports, the Workers’ Compensation Board will schedule a hearing to determine your final award.
What if You Don’t Receive Schedule Loss of Use?
If an insurer disagrees with your doctor’s assessment for a Schedule Loss of Use (SLU) award or fails to make a decision, the Workers’ Compensation Board will typically schedule a hearing before a Workers’ Compensation Law Judge (WCLJ). At this hearing, both sides will present evidence regarding your permanent impairment.
During the process leading up to the hearing, depositions may be conducted to gather sworn testimony from medical experts or other relevant parties. These are part of the evidence-gathering phase, used to build your case, not an alternative to a judge’s ruling.
If the WCLJ issues a decision on your SLU award that you disagree with, you generally have 30 days to file a written appeal with the Workers’ Compensation Board’s Review Board. Navigating these hearings, depositions, and subsequent appeals is complex, and our attorneys can guide you through each step to fight for the benefits you deserve.
Start Working With a New York City Repetitive Stress Injuries Lawyer Today
Don’t let your opportunity to report a repetitive stress injury pass you by. The sooner you inform an employer about your injury, the sooner you can file a Workers’ Compensation claim and demand financial support throughout your recovery.
You can schedule a free case consultation with our repetitive stress injuries attorneys in New York City today to discuss how to approach the claim-filing process.
