There are many occupations in New York that require regular use of the body, many times significantly affecting the joints. Arthritis can actually develop in all joints, and manual labor jobs can put stress on all of them to some degree. The problem is that workers’ compensation claims can be difficult when arthritis is the primary disability impeding the ability to earn a living because repetitive motion disorders such as resulting arthritis are not often connected to an accident report. They develop over time, and proving the injury is work-related can be difficult.
Proving repetitive disorders are work-related
Employers want to reduce workers’ compensation claims as much as possible, and repetitive motion diseases like arthritis are often strongly contested. Certain particular jobs put people at high risk for developing workplace injuries like rheumatoid arthritis.
Potential personal injury claims
Not only can workers develop workplace injuries like arthritis over time in certain work positions, but they could also have standing for a negligence claim in New York state court when the job duties are performed under violations of standards set forth by the Occupational Safety and Health Administration. The additional legal action is necessary for those seeking financial compensation for long-term pain and suffering, which is very common when arthritis develops. There is no cure. There are only coping mechanisms and possible relief through medication.
All repetitive motion injury claims are challenging through the workers’ compensation program, but they can still be won with solid legal representation and significant medical evaluation and professional testimony. However, it is vital to retain an experienced New York attorney who understands the nuances of these claims that are always strongly defended by both employers and their insurance companies.