In the state of New York, employees who suffer from repetitive strain injuries (RSIs) while on the job may be entitled to workers’ compensation benefits. RSIs are injuries that occur over time due to repeated movements or actions, such as typing, using a mouse, or lifting heavy objects. These injuries can cause pain, discomfort, and loss of mobility, and can make it difficult for employees to perform their job duties
Under New York workers’ compensation law, employees who suffer from RSIs may be eligible for medical treatment, wage replacement, and other benefits to help them recover and return to work. However, navigating the workers’ compensation system can be complex, and it’s important for employees to understand their rights and options.
To qualify for workers’ compensation benefits for an RSI in New York, an employee must first report the injury to their employer as soon as possible. This can be done verbally or in writing, but it’s important to document the injury and the circumstances surrounding it. The employee should also seek medical attention and notify their healthcare provider that the injury occurred on the job.
Once the injury has been reported, the employer must file a workers’ compensation claim with their insurance carrier. The insurance carrier will then investigate the claim and determine whether the employee is eligible for benefits. If the claim is approved, the employee may be eligible for medical treatment, wage replacement, and other benefits.
Medical treatment for RSIs may include physical therapy, medication, and other forms of therapy. In some cases, surgery may be necessary to correct the injury. Wage replacement benefits may include temporary disability payments, which are paid to employees who are unable to work due to their injury, and permanent disability payments, which are paid to employees who have suffered a permanent loss of function.
Employees who suffer from RSIs may also be eligible for vocational rehabilitation services. These services may include job training, education, and other forms of assistance to help the employee return to work in a different capacity.
It’s important to note that workers’ compensation benefits for RSIs in New York are subject to strict time limits. Employees must report their injury to their employer within 30 days of the injury and must file a workers’ compensation claim within two years of the injury. Failure to meet these deadlines can result in a loss of benefits.
It’s worth noting that in New York, there are specific laws and regulations that apply to workers’ compensation claims for RSIs. For example, the law requires that the employee show that their injury was caused by their work activities and that it was not caused by any pre-existing conditions or outside factors.
Additionally, there are specific rules for calculating wage replacement benefits for RSIs in New York. The amount of wage replacement benefits an employee may be eligible for will depend on their average weekly wage at the time of the injury.
If an employee is unable to work due to their RSI, they may be eligible for temporary disability benefits, which are typically paid at two-thirds of their average weekly wage. If the RSI results in a permanent loss of function, the employee may be eligible for permanent disability benefits, which are also calculated based on their average weekly wage.
Navigating the workers’ compensation system for RSIs in New York can be complicated, and it’s important for employees to understand their rights and options. Working with an experienced workers’ compensation attorney can help employees ensure that they receive the benefits they are entitled to.
In addition to workers’ compensation benefits, employees who suffer from RSIs may also be able to pursue other legal options, such as a personal injury lawsuit against a third party who may be responsible for their injury. An experienced attorney can help employees understand their legal options and pursue the best course of action for their individual situations.
Employees in New York who suffer from RSIs on the job may be entitled to workers’ compensation benefits, including medical treatment, wage replacement, and vocational rehabilitation services. It’s important for employees to report their injury to their employer as soon as possible and to work with an experienced workers’ compensation attorney to navigate the system and ensure that their rights are protected.
As a law firm specializing in workers’ compensation cases, including those involving repetitive strain injuries in New York, we can provide injured workers with the legal guidance, support, and advocacy they need to navigate the complex system. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., our experienced attorneys have a deep understanding of New York’s workers’ compensation laws and can help injured workers ensure that they receive the benefits they are entitled to.
We can provide legal guidance and support throughout the claims process, from gathering and presenting evidence to negotiating with the workers’ compensation insurance carrier to ensure fair compensation for medical treatment, wage replacement, and vocational rehabilitation services. Additionally, we can help injured workers understand their legal options and pursue the best course of action for their individual situation, including pursuing other legal options such as a personal injury lawsuit against a third party.
We are dedicated to helping injured workers in New York receive the compensation they deserve for their repetitive strain injuries. Our attorneys have the experience and knowledge necessary to provide the highest level of legal representation and ensure that our clients’ rights are protected.