Work injuries lurking beneath the surface can sneak up on you, quietly building damage over time until they become serious. In workplaces across New York, especially in construction sites with Hispanic construction workers, these sneaky conditions mean more than just aches; they can turn into disability. Reading this article, you will learn what kinds of injuries often go unnoticed early on, how repetitive motion can cause injury, what rights you have if they’re not due to a sudden accident, how workers’ compensation works for repetitive strain injury, whether you can get compensation, and what benefits are available in New York.
What Types of Injuries Are Hard to Spot Early On?
Repetitive strain injuries (RSI) and similar ailments aren’t caused by a single accident; they develop over time through repetitive movements at work or prolonged strain, until they become apparent through pain or limited mobility. These include:
- Carpal Tunnel Syndrome (CTS): Compression of the median nerve at the wrist, causing numbness, tingling, and weakened grip.
- Tendinitis: Inflamed tendons, often in the shoulders, elbows, wrists, or knees.
- Rotator cuff injuries: Tears or degeneration in shoulder tendons due to constant overhead motion.
- Bursitis, tennis elbow (epicondylitis), or trigger finger, all stemming from repetitive gripping, bending, or motion.
Many people push through the discomfort, only realizing there’s a problem when it worsens. According to the Cleveland Clinic, a repetitive strain injury is physical damage affecting muscles, tendons, or nerves that develops through repetitive motion and constant use. Repetitive movements at work can lead to injuries that cause pain, stiffness, swelling, tingling, or numbness in wrists, elbows, shoulders, and more.
What Happens If a Repetitive Strain Injury Goes Untreated?
Leaving a repetitive strain injury untreated can create long-term damage that’s much harder to reverse. What begins as mild soreness or tingling can progress into chronic pain, permanent nerve damage, or even disability. Ignoring early RSI symptoms often leads to worsening swelling, reduced blood flow, and loss of normal joint or muscle function.
Some of the risks of neglecting treatment include:
- Chronic pain: Constant acute pain that interferes with a person’s emotional and physical well-being.
- Permanent nerve damage: Numbness and weakness may remain even if you later stop the activity that caused the injury.
- Loss of mobility: In severe cases, untreated RSIs can reduce your ability to move joints normally or perform job tasks.
- Greater risk of re-injury: Once tendons or nerves are weakened, future strains happen more easily.
- Higher medical costs: Early intervention is often less expensive than advanced surgeries or long rehabilitation needed for advanced conditions.
Catching symptoms early and reporting them right away not only improves medical outcomes but also strengthens your workers’ compensation claim. Waiting too long can make it harder to prove the injury is work-related, leaving you unprotected both medically and financially.
What Rights Do Workers Have If They Suffered Injuries That Are Not Due to an Accident?
If your pain didn’t originate from a clear accident but emerged through repeated stress, you may still be protected under New York law. RSIs are treated as occupational diseases under the New York Workers’ Compensation Law. They are designated as conditions caused by the nature of your job, rather than a single incident.
To qualify for benefits, you must show that:
- The injury is tied to your job duties.
- You notified your employer in writing within 30 days of recognizing the injury is work-related.
- A licensed physician links your condition to your job.
Even though there’s no accident date, your rights remain intact as you act within the timelines and present strong medical backing.
How Does Workers’ Compensation Work for Repetitive Strain Injury?
Workers’ compensation insurance in New York covers repetitive strain injuries just like accidents. The process typically goes like this:
- Report your work-related RSI in writing to your employer as soon as you realize you have it. Under Workers’ Comp guidelines, you have up to 30 days to report it.
- Seek medical evaluation from a qualified provider who confirms your diagnosis and work relation.
- Submit a claim, form C-3, to the Workers’ Compensation Board within two years from when you knew or should have known about the work-related injury.
This no-fault system means you don’t need to prove employer negligence. Your injury must simply stem from your duties, even if there’s no single event triggering it.
Can a Worker Get Compensation for a Repetitive Strain Injury?
New York law explicitly recognizes repeated strain injuries as eligible for workers’ compensation. While RSI claims can be complex, lacking a defined incident date and requiring evidence over time, a clear doctor’s report plus timely notice and a filed claim can win it. All workers who suffered work-related injuries, including repetitive strain injuries, have the right to receive compensation, regardless of their immigration status.
What Benefits Can a Worker Receive from Workers’ Compensation Insurance in New York?
If your RSI claim is accepted, you may qualify for multiple benefits:
- Medical care: Doctor visits, treatments, therapy, surgery if necessary, and even supportive devices.
- Lost wages compensation: If you need to take time off work to heal, you may receive benefits for lost wages.
- Travel reimbursement for medical appointments.
- Temporary partial or total disability benefits while you recover.
- Permanent disability benefits, if your condition leaves a lasting impairment.
- Vocational rehabilitation or job retraining if you can’t return to your former role.
How Can a Lawyer Help If I Get a Repetitive Strain Injury?
The legal team at Gorayeb & Associates can help you if you have a workplace injury by:
- Free consultation: all workers receive a free consultation in English or Spanish when they call Gorayeb & Associates in regards to a work-related injury.
- Clarify eligibility: They determine if your repetitive motion may cause injury and whether you qualify for compensation.
- Meet tight deadlines: Gorayeb’s team helps ensure written notice and claim filings, like Form C-3, are submitted on time.
- Collect medical evidence, including doctors’ notes and test results, to build a solid case.
- Negotiate with insurers, who may dispute your claim, especially since these types of injuries often lack a clear origin.
- Maximize secure compensation, including wage benefits, medical costs, and any long-term support.
- Contingency fees: workers don’t pay Gorayeb & Associates out of pocket. We only receive a small percentage of the amount we win for you. You will never have to pay out of pocket.
- Part of the Hispanic working community in New York: Gorayeb & Associates is an integral part of the Hispanic community in New York. Our teams are not only bilingual but also understand or are part of the Hispanic culture
- Protect Latino migrants: Gorayeb & Associates has a longstanding history of representing and winning millionaire cases for Latino immigrants, regardless of their migration status.
- Billion-dollar experience: Gorayeb & Associates has won over a billion dollars for injured workers in New York. We use our expertise and experience to maximize the amount of compensation for construction work related injuries.
Protect your rights and your health
Some Work injuries, like repetitive strain and carpal tunnel syndrome, are not always easy to diagnose early on. If you’re dealing with throbbing wrists, aching shoulders, or numbness that builds over months of repetitive motion can cause injury, don’t wait. Report it, get a medical opinion, and get a free work injury lawyer consultation to protect your rights and build a strong path forward for compensation.