Not every work injury happens in a moment. Scanning packages, typing, lifting patients, swinging a hammer or working overhead day after day can wear down the tendons and joints until the pain does not go away. New York workers’ comp covers injuries that build up from repetitive work, but the claim works differently from an accident claim, and carriers fight them hard.
The short answer
- Repetitive strain injuries are covered, usually as occupational diseases.
- There is no single accident date. The Board sets a “date of disablement,” and the two-year deadline runs from when you knew or should have known the condition was related to your work.
- Permanent damage to an arm or hand can lead to a schedule loss of use award.
Common repetitive strain injuries
- Carpal tunnel syndrome and cubital tunnel syndrome
- Tendinitis in the wrist, elbow or shoulder
- Lateral and medial epicondylitis (tennis and golfer’s elbow)
- Trigger finger and De Quervain’s tenosynovitis
- Rotator cuff tendinopathy and tears from overhead work (see shoulder injuries)
- Knee damage from years of kneeling, squatting and climbing (see knee injuries)
Who gets them
We see these claims from warehouse and fulfillment workers, cashiers and grocery workers, nurses and aides, mechanics, carpenters and electricians, cleaners and housekeepers, and office workers. On Staten Island, the warehouse and distribution centers are a major source, because scanning, picking and packing at a set rate is exactly the kind of work that causes them.
How these claims are proven
The carrier will usually argue that the condition is from age, a hobby or something outside of work. The claim depends on a medical opinion that explains how your specific job duties caused or worsened the condition. Give your doctor a clear description of what you do all day: the motions, how many times an hour, the weight, the tools and the hours. Keep a record of when the symptoms started and how they changed.
Benefits
Workers’ comp pays for treatment, including therapy, injections and surgery when needed, and two-thirds of your average weekly wage while you are out or working light duty at reduced pay. When treatment is finished, permanent loss of use of a hand or arm can lead to a schedule loss of use award. If both arms or hands are affected, each is evaluated.
Do not wait for it to get worse
Many people keep working through the pain for months before saying anything, and then the carrier argues the claim is late or unrelated. Tell your employer in writing as soon as you believe your work is causing the problem, see a doctor who accepts workers’ comp, and file a claim with the Board.
Frequently asked questions
Is tendinitis from work covered by workers’ comp in New York?
Yes. Tendinitis and other repetitive strain injuries are usually treated as occupational diseases and are covered when medical evidence connects them to your job duties.
What is the deadline for a repetitive strain claim?
The two-year deadline runs from when you knew or should have known the condition was related to your work. Do not wait. Report it in writing and file as soon as you suspect your job is the cause.
Can I get a schedule award for a repetitive strain injury?
Yes. If the injury leaves a permanent loss of use of a hand or arm, you can receive a schedule loss of use award after treatment ends.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims for repetitive strain injuries from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.
Call 718.701.2776 or 800.310.5520. Consultations are free, at our office, by phone or by video call. If we don’t recover money for you, we don’t get paid.