Do Muscle And Nerve Injuries Qualify For Workers’ Comp In New York?

Do Muscle And Nerve Injuries Qualify For Workers’ Comp In New York?2017-09-27T10:11:26+00:00

Are you unable to work because of a job-related muscle or nerve injury? You may be wondering:

  • Am I covered under workers’ comp?
  • Are all injuries eligible for workers’ compensation?
  • What are the requirements for filing a claim?
  • What should I do if my claim got denied?
  • Can a lawyer help me get my benefits?

Our lawyers are happy to answer your questions in a free consultation.

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Muscle and nerve injuries affect workers throughout virtually all industries. These injuries may come in the form of sudden tears, sprains, or strains in workplace accidents, but they often develop slowly over time. It’s important to receive treatment for muscle and nerve injuries as soon as possible, as untreated injuries often become more severe. If left untreated for too long, some conditions can even become permanent.

If severe enough, these conditions may make it impossible to complete your job duties. Despite the common and serious nature of these injuries, many workers who suffer from them have struggled to receive workers’ compensation. Insurance companies frequently contest claims by arguing that the injury occurred outside of work, came from a preexisting condition, or is not severe enough to prevent an employee from working. This is especially common for repetitive stress injuries which slowly accumulate due to working conditions.

Does My Injury Qualify For Workers’ Comp?

As long as your injury was directly caused by your job duties, you should be covered under workers’ comp. It’s important to meet with a doctor and obtain thorough medical evidence which establishes the serious nature of your injury and how it was caused by your work environment. You should meet with a doctor as soon as you become aware of your injury, and report the injury to your employer soon after.

Additionally, it may be necessary to meet with a work injury lawyer in order to receive the full compensation you’re entitled to.

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Muscle & Nerve Injuries Which Frequently Require Workers’ Comp

According to the Occupational Safety and Health Administration, musculoskeletal disorders (MSDs) are some of the most commonly reported work injuries – accounting for roughly 1 in 3 work injury cases. These injuries are so common because they can slowly develop from seemingly harmless tasks. Even poor posture while working from a desk can lead to a serious MSD.

Disorders and injuries which frequently prevent employees from returning to work include:office worker at laptop

  • Tendinitis and bursitis
  • Muscle strains
  • Lower back injuries
  • Carpal tunnel syndrome
  • Rotator cuff injuries
  • Elbow injuries
  • Trigger finger
  • Pinched nerves
  • Herniated discs

The majority of work-related MSDs can be prevented by ergonomics – the practice of tailoring a work environment towards worker safety and injury prevention.

Work Conditions That Lead To Muscle & Nerve Injuries

There are several common work conditions which frequently lead to MSDs, which can be found throughout a large range of occupations.

The Centers for Disease Control (CDC) have identified the following high-risk activities:

  • Regularly lifting heavy objects – These injuries may occur due to improper lifting techniques, or simply develop due to repetitive stress over a long period of time. Construction workers, factory workers, and tradespeople are examples of high-risk groups.
  • Regular exposure to whole body vibrations – Workers who regularly use power tools, heavy machinery, or drive large vehicles often develop muscle and nerve problems due to daily exposure to heavy vibrations.
  • Frequent overhead work – Frequently working overhead puts a lot of stress on your shoulders, arms, neck, and back. This can cause muscle strains, sprains, and tears as well as conditions like chronic pain.
  • Working with your neck in a chronic flexion position 
  • Repetitive tasks – These injuries can develop from physically demanding repetitive tasks like heavy lifting, but may also be caused by less exerting tasks, such as carpal tunnel which develops from mouse and keyboard use.

Remember that regardless of how your injury happens, you’re entitled to workers’ comp. Even if you hurt yourself through your own mistake, such as improper lifting technique, you’re still covered. Additionally, your employer is protected from lawsuits for work injuries.

I’m Struggling To Get Workers’ Comp – What Can I Do?

Even though virtually all New York employees are covered by workers’ compensation insurance, it’s common to run into problems when you file a claim. Your employer and their insurance carrier may dispute the severity of your injury or argue that it is not work-related. These insurance companies are powerful and have skilled lawyers who will find any reason to deny workers the coverage they deserve.

In order to have a fair shot at receiving your benefits, it’s usually necessary to hire your own experienced work injury lawyer who knows how the process works. Insurance companies are much less likely to give you trouble if you have a respected lawyer by your side.

A work injury can disrupt your entire life, and it’s extremely stressful when you can’t get the compensation and time off you need while you’re injured. It’s important for all injured workers to recover every bit of compensation they’re entitled to, so they can recover and return to work at full productivity.

At Banville Law, we take pride in standing up for injured workers who have been denied the compensation they’re rightfully entitled to. We’re prepared to take on the insurance companies on your behalf. And we’ll only ask for payment if and when we help you win, so you don’t have any additional financial stress while waiting for your benefits.

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