Today, we're diving into a topic that I get asked about all the time: occupational diseases and repetitive stress injury claims. These are the types of injuries that can sneak up on you, but if you don't handle them correctly, you could end up losing your case or facing major issues. Let's get started!
Repetitive stress injuries (RSIs) and occupational diseases might sound complicated, but they’re pretty straightforward. These are injuries that build up over time from repetitive movements or long-term exposure to harmful stuff at work.
Common RSIs
These injuries happen when you do the same motions over and over, wearing down your body. Some examples include:
Occupational Diseases
These are job-related illnesses caused by long-term exposure to hazardous materials or conditions. For example:
These conditions don’t happen overnight, but they can seriously affect your health and ability to work. If you think your job is causing long-term damage, it’s worth looking into a workers' comp claim.
Let’s tackle a big question: Does workers' comp cover repetitive stress injuries (RSIs) and occupational diseases? The short answer? Absolutely. Workers’ comp isn’t just for sudden accidents—it also covers injuries that develop over time, like carpal tunnel syndrome or illnesses caused by long-term exposure to hazardous materials.
How to File a Claim
To get the ball rolling, you’ll need to file a C3 form—the standard workers’ comp claim form. But here’s where it gets tricky: the deadlines.
This is where a lot of RSI claims run into trouble—because unlike a clear accident date, injuries like carpal tunnel develop gradually, making it hard to pinpoint when they actually started. In most cases, the clock starts ticking when you first seek medical treatment for the issue.
If you’re dealing with an RSI or occupational disease, don’t wait—the sooner you file, the better.
If you have an RSI or occupational disease, you’re entitled to the same benefits as someone who got hurt in a sudden accident at work. That means workers’ comp covers your lost wages, medical treatment, and even permanent disability benefits if your condition causes lasting damage.
Lost Time Benefits
If your injury keeps you from working, you can get lost time benefits—compensation for the paychecks you’re missing. Just keep in mind that your time off has to be directly related to your work injury.
Medical Benefits
Workers’ comp also covers your treatment costs, so you shouldn’t have to pay out of pocket for doctor visits, therapy, or other necessary care.
Permanent Disability Benefits
If your injury causes long-term or permanent damage, you might qualify for permanent disability benefits. Some conditions, like hearing loss, have extra rules—for example, you may need to be out of the noisy environment for a while before doctors can determine how bad the damage is.
Step 1: See a Doctor ASAP
The moment you start feeling symptoms, don’t wait—go see a doctor. Be upfront about what you do at work and why you think your injury or illness is caused by your job. Your doctor’s notes will be critical in connecting your condition to your work activities.
Step 2: Make Sure Everything is Well-Documented
Ask your doctor to thoroughly document your condition in your medical records. In most cases, the date of your medical visit is what starts the workers' comp timeline:
Step 3: Report It to Your Employer—And Get It in Writing
A lot of people hesitate to report their injury, worrying about job security or how their boss will react. But waiting too long can hurt your case. Be clear and direct when telling your supervisor and get everything in writing—an email, a written note, or anything that provides proof.
If needed, ask your doctor to write a note confirming that your injury is work-related. This can help back up your claim and keep insurance companies from trying to downplay your condition.
A lot of people worry that if a repetitive stress injury (RSI) makes an old injury worse, they can’t file a claim. Good news—you absolutely can. Insurance companies might try to use preexisting conditions against you, but the law protects workers when their job aggravates an existing issue.
Think of it like multiple car accidents over the years that all contributed to a back injury—each one still counts. You can have more than one workers' comp claim for the same body part. Whether it's a bad back getting worse from heavy lifting or an old wrist injury turning into carpal tunnel, you still have the right to file a claim and get benefits.
The Key? Solid Medical Documentation
Make sure your doctor knows about your preexisting condition and how your job has made it worse. Their medical notes should clearly connect your work duties to the worsening of your condition—this will be crucial evidence for your case.
At some point, your case might go through apportionment, where doctors figure out how much of your disability is from the old injury versus the new one. But don’t let that stop you from filing a claim. The most important thing is getting the treatment and benefits you need now.
You might be wondering—can COVID-19 be considered a repetitive stress injury for workers’ comp? In many cases, yes. If you’re a healthcare worker or someone who was regularly exposed to the virus at work, your case might fall under this category.
COVID-19 is often treated as an occupational disease, especially for people in high-risk jobs like hospitals or nursing homes where exposure happens day in and day out. Just like with repetitive stress injuries, you might not be able to pinpoint exactly when you were exposed—but that doesn’t mean you don’t have a claim.
How COVID-19 Workers’ Comp Claims Work
The key date for filing a claim is when you first knew (or should have known) that your COVID-19 infection was work-related. That’s usually:
From that point, the same workers’ comp rules apply:
Now that COVID-19 cases are less common, these claims aren’t coming up as often. But if you believe you got COVID-19 because of your job, treat it like any other occupational disease—get medical proof, document your exposure, and report it ASAP.
1. Report It ASAP & Document Everything
As soon as you start feeling symptoms, tell your employer. Don’t let fear or embarrassment stop you—this is your right. And get it in writing! A doctor’s note, an injury report, an email, or even a text message can all serve as proof that you reported your injury.
2. See a Doctor Right Away
Book an appointment as soon as possible. Tell your doctor exactly what you do at work and why you think your injury is job-related. Make sure they document everything in your medical records—this is key to proving your case.
3. File Your Workers’ Comp Claim
Notifying your boss isn’t the same as filing a claim. You need to submit a C3 form to the Workers’ Compensation Board to officially start the process.
4. If Your Employer Pushes Back, Don’t Give Up
Some employers might drag their feet or refuse to file an injury report. If that happens, fill one out yourself and hand it to them. You can also send them a copy of your filed claim form—this makes sure everything is properly documented in case they try to deny it later.
5. Preexisting Conditions? Make Sure Everything Is Noted
If your work injury aggravates an old injury or you have multiple issues, make sure your doctor documents everything. Having a clear medical history is critical for proving how your job made your condition worse.
6. Consider Talking to a Workers’ Comp Lawyer
Workers’ comp claims can get complicated fast, especially if your employer or their insurance company pushes back. A workers' comp lawyer can make sure your paperwork is solid, your rights are protected, and you get the benefits you deserve.
I'm always happy to chat and provide guidance on how to get the benefits you deserve. Feel free to call me, Rex Zachofsky, at 212-406-8989. Don't hesitate to get in touch—consultations are free, and I'm here to support you every step of the way.
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