When Workers’ Comp Doesn’t Cover Your Injury
Repetitive stress injuries can creep up slowly until everyday movements hurt. Many workers in Rockland County assume that if an injury came from their job, workers’ compensation will automatically cover it. Unfortunately, that is not always true. Some repetitive motion injury claims are denied because the condition developed over time, because the employer disputes that the job caused it, or because the insurance company argues it is a preexisting problem. When you hear “carpal tunnel not covered by workers comp” or see your claim denied, it can feel like the end of the road. It doesn’t have to be.
When You Can File a Lawsuit Instead
There are situations where you may be able to bring a work-related strain lawsuit in NY outside the workers’ comp system. One common example is third-party liability. If a contractor, property owner, or another company created unsafe conditions that forced you into damaging repetitive motions, they may be responsible. The same is true if defective tools, chairs, machines, or keyboards contributed to your injury. In some cases, an employer’s serious misconduct or failure to fix known hazards can also open the door to a repetitive stress legal action in Rockland County that goes beyond standard workers’ comp benefits and allows you to claim pain and suffering and broader financial losses.
Common Repetitive Motion Injuries
Repetitive motion injuries are not limited to office workers. Carpal tunnel syndrome is common in data entry, retail, and healthcare jobs that require constant scanning or typing. Tendonitis is often seen in warehouse, construction, and restaurant work where workers lift, grip, reach, or twist the same way hundreds of times a day. Spinal strain can affect drivers, nursing staff, stockers, and other workers who bend, push, or pull the same direction over and over. In Rockland County, workers in hospitals, schools, warehouses, manufacturing, retail, and transportation are all at risk.
What Evidence You Need
To build a strong repetitive motion injury claim in Rockland, you need to show how your job or a third party’s actions caused or worsened your condition. Medical records are key, especially when they describe how your symptoms developed over time. Work restrictions, physical therapy notes, and diagnostic tests all help. It is also important to document your job duties. Job descriptions, time records, emails about workload, photos or videos of the tasks you perform, and statements from coworkers can all support your case. If defective equipment is involved, preserving the equipment and any maintenance or complaint records can make a major difference.
FAQ
What is a repetitive motion injury?
It is any injury caused by repeating the same movement again and again over time, such as typing, lifting, reaching, twisting, or gripping, until the muscles, tendons, or nerves are damaged.
Can I sue if it’s not covered by workers’ comp?
You may be able to pursue a lawsuit if a third party, unsafe condition, or defective equipment helped cause your injury, or if serious misconduct is involved. Every situation is different, and talking with an occupational injury attorney in NY can clarify your options.
What jobs are most affected in Rockland County?
Jobs that involve constant typing, scanning, lifting, stocking, driving, patient handling, or tool use are most at risk, including healthcare, warehouse, manufacturing, retail, food service, and office work.
If you believe your injury has been unfairly dismissed or falls outside workers’ comp, we at Gash & Associates, P.C. in White Plains are ready to review your situation and explain your options. Call us at (914) 328-8800.
