Repetitive Motion Injury

Buffalo Repetitive Motion Injury Lawyer

Your wrist started aching months ago. You thought it would go away. Now you can not grip a tool, type without pain, or get through a shift without your shoulder locking up. Nothing dramatic happened. No fall. No accident. Just the same motion, thousands of times, until your body gave out.

Repetitive motion injuries are among the most frequently disputed claims insurers and lawyers handle because there is no single incident that causes them.

At Lewis & Lewis, P.C., we have represented injured workers in Buffalo and throughout Western New York for over 80 years. We know how to build these cases and how to push back when carriers dispute them.

Free consultation. No fees unless we recover for you. Call (716) 854-2100.

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Buffalo Workers’ Compensation Guide

Are Repetitive Motion Injuries Covered Under New York Workers’ Compensation?Construction worker on job site feels the effects of repetitive motion injury

Yes. New York workers’ compensation law covers occupational injuries that develop gradually over time, not just sudden accidents. Repetitive motion injuries, also called cumulative trauma injuries or repetitive strain injuries (RSI), fall within that coverage when they are caused or significantly aggravated by your job duties.

The New York Workers’ Compensation Board recognizes these as compensable injuries. What makes them harder than a typical claim is not the law. It is the evidence. Insurers know that gradual injuries are difficult to tie to a specific moment, and they use that to dispute liability, delay benefits, or argue your condition is pre-existing or personal.

That is where having a lawyer changes things.

What Counts as a Repetitive Motion Injury at Work?

A repetitive motion injury is any condition caused by performing the same physical task repeatedly over time. Common examples in Buffalo workplaces include:

  • Carpal tunnel syndrome from prolonged keyboard work, assembly line tasks, or tool use
  • Tendinitis in the shoulder, elbow, or wrist from overhead work or repetitive lifting
  • Rotator cuff damage from repeated overhead reaching or pulling
  • Trigger finger from gripping tools or equipment for extended periods
  • Bursitis in the hip, knee, or shoulder from repetitive bending or kneeling
  • Lower back injuries from repeated lifting, bending, or operating vibrating equipment

If your condition developed from doing your job and it limits your ability to work, it may qualify for workers’ compensation benefits regardless of how long it took to develop.

Not sure if your injury qualifies? Call us at (716) 854-2100 for a free case review.

Which Buffalo Workers Are Most Likely to File Repetitive Motion Claims?

Manufacturing workers, healthcare staff, warehouse employees, and office workers throughout Buffalo all file repetitive motion claims regularly. These injuries do not belong to one industry. They happen across the range of work that drives Western New York’s economy.

Which Buffalo Workers Are Most at Risk?

Repetitive motion injuries affect workers across every major industry in Western New York. The most common claims come from:

  • Manufacturing and production workers in Erie County facilities where assembly, packaging, and machine operation repeat the same motions for entire shifts
  • Healthcare workers at Buffalo General, ECMC, Roswell Park, and facilities throughout the region where patient handling creates sustained physical strain
  • Warehouse and logistics workers whose daily lifting, reaching, and carrying accumulates into serious joint damage over time
  • Office and administrative workers where extended keyboard and mouse use leads to carpal tunnel syndrome, wrist tendinitis, and neck strain
  • Dental assistants, home health aides, and personal care workers in occupations Lewis & Lewis represents specifically

If your job involves repeated physical demands, your injury may be work-related regardless of whether anyone ever filed an incident report.

Why Do Insurance Companies Fight Repetitive Motion Claims?

Carriers dispute these claims more aggressively than almost any other workers’ comp injury. The reason is straightforward. There is no accident report. No single date of injury. No obvious moment when everything went wrong.

What Arguments Do Insurers Use to Deny Repetitive Strain Claims?

They argue the injury is pre-existing. If you have any prior history of the condition, or if you are older, insurers will often claim your injury predates your employment or has nothing to do with your job.

They argue the injury is personal, not occupational. They may claim that activities outside of work such as hobbies or household tasks caused or contributed to your condition.

They challenge the medical connection. Without a clear accident, insurers may dispute whether your treating physician can link your injury to your specific job duties with enough certainty to establish compensability.

They question the reported date. New York law requires workers to report repetitive motion injuries within a specific timeframe. Carriers use late reporting to argue the claim should be denied regardless of the underlying injury.

A Lewis & Lewis attorney builds the medical and occupational evidence needed to counter each of these tactics directly.

How Do You Prove a Repetitive Motion Injury Is Work-Related in New York?

Proof in a repetitive motion claim comes from two directions: medical documentation and occupational evidence. Both are necessary, and neither alone is usually enough.

What Medical Evidence Supports a Repetitive Motion Workers’ Comp Claim?

Your treating physician needs to document not just the diagnosis but the connection between your condition and your job duties. That means a clear opinion that your work activities caused or materially contributed to your injury, supported by your history of job duties and the timeline of your symptoms.

A functional capacity evaluation, which is a structured assessment that documents in concrete terms what you can and cannot do physically, may also be part of the record. Medical records that show a pattern of worsening correlated with your employment history carry significantly more weight than a diagnosis alone.

What Occupational Evidence Helps a Repetitive Strain Claim?

Job descriptions, supervisor statements, time studies, and records of the specific physical demands of your position all help establish that your duties were the source of your injury. In some cases, a vocational or occupational expert may provide an opinion on the physical requirements of your role.

We work to pull together both sides of this evidence so the Workers’ Compensation Board has a clear, documented picture of how your injury developed and why your job is responsible.

What Are the Deadlines for Reporting a Repetitive Motion Injury in New York?

Repetitive motion injuries have different reporting rules than sudden accidents, and missing these deadlines can end an otherwise valid claim.

When Do You Have to Report a Repetitive Strain Injury in New York?

Under New York Workers’ Compensation Law Section 28, you generally have two years from the date of disablement to file a claim. For repetitive injuries, disablement is typically the date you knew or should have known that your condition was work-related and that it was disabling enough to affect your ability to work.

You are also required to notify your employer within 30 days of that date of disablement under Section 18 of New York Workers’ Compensation Law.

These rules exist in gray areas that insurers exploit. If you are not sure when your clock started, speak with an attorney before assuming you have missed your opportunity.

Note: Deadlines vary based on the specific facts of your case. An attorney can tell you exactly where you stand.

A missed deadline can close the door on a valid claim. Call (716) 854-2100 today.

What Benefits Can You Recover for a Repetitive Motion Injury in New York?Surgeon in scrubs sitting and holding lower back in pain, illustrating ergonomic injury in the operating room and potential workers’ compensation claim

A workers’ comp claim for a repetitive motion injury in New York can cover medical treatment, lost wages, permanency awards, and vocational rehabilitation. What you recover depends on the severity of your injury and how it affects your ability to work.

What Does a Workers’ Comp Claim Cover for a Repetitive Strain Injury?

Medical treatment including doctor visits, diagnostic imaging, physical therapy, specialist care, and surgery when medically necessary, is covered without cost to you when properly authorized through the workers’ comp system.

Lost wage benefits cover a portion of your income when your injury prevents you from working or limits you to lighter duty at reduced pay. In New York, temporary disability benefits are generally calculated at two-thirds of your average weekly wage, subject to state maximums.

Permanency awards are available when a repetitive motion injury causes lasting limitations. The New York Workers’ Compensation Board uses a schedule of impairments for certain body parts and a separate evaluation process for spinal and other non-scheduled injuries. These awards can be significant when the injury causes lasting functional loss.

Section 32 settlements, which are lump-sum resolutions that close a workers’ comp case entirely in exchange for a negotiated payment, are another option depending on your situation and long-term prognosis.

Vocational rehabilitation may be available when your injury prevents you from returning to your prior occupation and retraining is needed.

Lewis & Lewis has recovered over $10 million in Section 32 settlements for workers’ compensation clients in a single year. We know what these claims are worth and we pursue every category of benefit available.

Ready to find out what your claim may be worth? Call (716) 854-2100 for a free consultation.

Ask Lewis & Lewis

Q: My employer says my injury developed outside of work. What do I do? A: Your employer’s opinion does not determine the outcome. What matters is the medical evidence connecting your job duties to your condition and the occupational record of what your work actually required. We build that case from the ground up and present it to the Board.

Q: I have been doing this job for 15 years. Does that help or hurt my claim? A: It can help significantly. A long history of performing the same physical duties strengthens the argument that your condition developed from your work and makes it harder for the carrier to argue it came from somewhere else. Duration of employment in a physically demanding role is evidence, not a liability.

Q: My doctor said my injury is work-related but the carrier still denied my claim. What happens now? A: A denial from the insurance carrier is not final. You have the right to appeal, and your physician’s opinion is a critical part of the record at that stage. We represent claimants at hearings before the New York Workers’ Compensation Board and know how to present medical evidence effectively when carriers dispute it.

Q: Can I be fired for filing a workers’ compensation claim in New York? A: New York law prohibits employers from retaliating against workers who file workers’ compensation claims. If you believe your job is being threatened because you filed or are considering filing, that is something to discuss with an attorney immediately.

Speak with our team at no cost. Call (716) 854-2100 or contact us online.

FAQ for Buffalo Repetitive Motion Injury Workers’ Comp Claims

Do I Have to Prove My Repetitive Motion Injury Happened Exclusively at Work?

No. The legal standard is that your job duties caused or materially contributed to your condition, not that work was the only cause. If your job significantly aggravated an underlying vulnerability, that may still be compensable under New York law. The key is connecting the physical demands of your specific role to the development of your condition.

What If I Already Saw a Personal Doctor Before Filing a Workers’ Comp Claim?

Seeing your own doctor before filing does not disqualify your claim. However, the workers’ compensation system in New York requires that ongoing authorized treatment go through a physician authorized under the workers’ comp system. We can help you understand how to transition your care correctly so your treatment costs remain covered.

What If My Condition Requires Surgery? Does Workers’ Comp Cover It?

Surgery is covered when it is medically necessary and properly authorized through the workers’ compensation carrier or the Board. Authorization disputes are common and can delay needed care. If your carrier is refusing to authorize treatment, a lawyer can address that directly, including through emergency applications to the Board when the situation requires it.

Can I Collect Workers’ Comp and Still Work Light Duty?

Yes, in many cases. If your injury limits you to lighter work and your employer offers a light duty position at reduced pay, New York workers’ comp may cover a portion of the wage difference. If no light duty is available, you may be entitled to temporary total disability benefits. The calculation depends on your average weekly wage and the nature of your restrictions.

Resources for Buffalo Workers With Repetitive Motion Injuries

When the Injury Crept Up on You, the Fight Is Still Worth Having

Repetitive motion injuries do not come with a timestamp. They build quietly, through years of honest work, and by the time the pain is serious enough to stop you, the damage is already done.

New York law covers these injuries. But proving them, documenting them, and getting a carrier to pay what they owe is rarely straightforward. Lewis & Lewis has been doing this work in Buffalo and across Western New York since 1944. We know the industries, the insurers, and the Workers’ Compensation Board.

Six office locations across the region. No fees unless we recover for you. One call gets you answers.

Call Lewis & Lewis at (716) 854-2100. Or contact us online for your free consultation.

Schedule a Free Consultation

Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location

Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987

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Satisfied Client Stories

”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork-related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.

Fred T.Kenmore, NY - Steam Fitter
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