By: Michael J. McConnell – White Plains Workers’ Compensation Lawyer Serving Westchester County, Rockland County, NYC, and Long Island.
Did understaffing at your job cause an injury? If so, New York workers’ compensation might be available. This can include temporary disability payments for lost wages, free medical treatment, and possibly additional compensation for permanent impairment.
Check out this video and the rest of the article below by White Plains workers’ compensation attorney Michael J. McConnell for information on overuse injuries caused by understaffing at work.
Overuse Injuries from Understaffed Work Environments are Very Common Among Employees in White Plains
Overuse injuries are also sometimes called repetitive strain injuries or occupational disease. The basic idea is that these injuries occur over a period of time rather than from a single accident.
Understaffing is a frequent cause of overuse injuries. The reason understaffing leads to overuse injuries is straightforward. Additional work – whether in the form of heavy physical work or repetitive duties – is clearly going to increase the risk of injury to workers.
Quite frankly, overuse injuries can occur even in the absence of understaffing, which means the risk only amplifies when other employees on a team or within a department leave. This causes the remaining employees to have to make up the difference and do extra work. As a result, the risk of injury greatly increases.
Layoffs, firings, resignations, and retirements can all lead to understaffing. When these things happen, companies – especially large for-profit corporations, hospitals, and other entities – often try to maximize their profits by passing the extra work off to the remaining employees rather than filling the positions. When they do this, it significantly increases the risk of overuse injuries for their employees.
Examples of Overuse Injuries at Work in New York
Common overuse injuries that might qualify for workers’ compensation in White Plains include:
- Carpal Tunnel Syndrome
- Rotator Cuff Tears
- Back Pain
- Joint Pain
- Cubital Tunnel Syndrome
- Knee Pain
- Stress Fractures
- Neck Pain
- Shoulder Pain
- Trigger Finger
- Tendinitis
- Inflammation
- de Quervain’s Tendosynovitis
- Tennis Elbow
What types of jobs in White Plains are most likely to have an overuse injury due to understaffing?
Almost any job can result in a work-related overuse injury, repetitive strain, or occupational disease. Some examples of jobs where both understaffing and overuse injuries are prevalent include:
- Healthcare workers, including nurses
- Construction
- Mechanics
- Painters
- Cleaners, housekeepers, custodians, and janitors
- Bus drivers
- Officer workers, including secretaries and administrative staff members
- Grocery store employees
- Delivery drivers
- Warehouse workers
- Machinists
- Manufacturers
- Landscapers
- Fast food workers
- Restaurant staff, including dishwashers
- Plumbers
- Home health aides
How Long Do I Have to Report a Workers’ Compensation Claim for an Overuse Injury in New York?
If an injury results from a specific accident at work – like a trip and fall or some other one-time occurrence – then the accident must be reported within 30 days.
For an occupational disease injury that results from overuse or repetitive strain, the time to report is longer. In general, an occupational disease must be reported within 2 years from:
- the date of disability;
- or from the time you knew or should’ve known the condition was work-related.
While an overuse or occupational disease injury does allow a longer time to report the injury, it is always best to do it much sooner. In fact, as soon as possible is typically the best practice. Doing so can avoid unnecessary delays in medical care and indemnity benefits for lost wages. And of course it also reduces the risk that the insurance company will deny the claim based on an argument that there was late notice of the injury.
Important Steps to Getting an Overuse Injury Covered by Workers’ Compensation
There are several steps that can help get an overuse injury paid for by workers’ compensation, but it is generally recommended to consider speaking with a lawyer as these cases can face additional obstacles compared to injuries that result from a specific accident.
The reason for this is that employers and insurance carriers are often skeptical of overuse injuries and are sometimes more likely to deny these types of claims. Most workers’ compensation attorneys in New York offer free consultations, including the Law Office of Michael J. McConnell.
In general, however, these eight things can be considered important steps in getting an overuse injury caused by understaffing covered:
- Seek immediate medical treatment.
- Document the details of the understaffing and increased workload.
- Obtain a medical report from a doctor that credibly connects the injury or condition to your employment.
- Timely notify your employer of the work-related injury.
- File a formal workers’ compensation claim with the New York State Workers’ Compensation Board by filing an Employee Claim Form called the C-3.
- Continue to see your doctor regularly and get the care that you need.
- If you are out of work due to the injury, ensure that the doctor provides medical documentation for the absence.
- Consider legal representation, especially if:
- the insurance company has issued a denial;
- is not paying for lost wages;
- and/or is refusing to pay for necessary medical treatment that your doctor is requesting.
What Happens if the Insurance Company Denies the Claim?
Denials for overuse injuries at work is all too common in New York. If the claim is denied, it is important to know that the insurance company doesn’t get the final say. The denial can be challenged by litigating the basis for the denial before the New York State Workers’ Compensation Board.
There are ways for an injured worker to win if a claim has been denied by the insurance company. Here are a few things that can be done to overcome a denial and get compensation:
- Produce a credible medical report connecting the injury to the injured worker’s employment duties.
- Identify key witnesses, obtain statements if appropriate, and consider having the witnesses testify if they help the injured worker’s case.
- Aggressively cross examine any employer witnesses who are testifying against the injured worker’s claim for benefits.
- Take medical depositions to prove that the injured worker’s doctor is more credible than the so-called “Independent Medical Examiner” that the insurance company hired.
- Make legal arguments to the Workers’ Compensation Law Judge using any and all appropriate facts and case law in support of the claim being established.
- File an appeal if the judge erroneously decides the case in favor of the insurance company.
What types of compensation can an injured worker get for an overuse injury due to understaffing or increased workload?
Once a claim is accepted or established, an injured worker can be entitled to compensation for lost wages, medical treatment, and permanent impairment if the injury ends up being permanent.
- Temporary disability payments for lost wages can be up to two-thirds of an injured worker’s average weekly wage subject to a state maximum benefit rate.
- Medical expenses are covered at 100% for approved treatment. This means that the injured worker should have zero out of pocket costs for the work-related injury.
- Permanent impairment benefits (Schedule Loss of Use Award, Permanent Partial Disability, or Permanent Total Disability) can apply depending on the nature and extent of the injury as well as which particular body part was injured. This can result in additional compensation – sometimes a significant amount.
Every case is different so not all types of benefits will apply to each case. Maximizing the value of one’s compensation can be a complicated process, and for that reason it is often recommended to consider personalized legal guidance that can be tailored to the unique facts of the injured worker’s case.
Conclusion: Workers’ Compensation in New York Covers Overuse Injuries due to Understaffing that Occur Within the Course and Scope of an Injured Worker’s Employment
As discussed above, overuse injuries are a well-known consequence of understaffed workplaces. When employers put profits over appropriate staffing levels, they increase the odds that their remaining employees will suffer a work-related overuse injury. When such injuries happen, they can generally be covered by workers’ compensation in New York once it is determined that there is credible medical evidence that the injury is causally related to the employment.
Get a Free Consultation with a Westchester County Workers’ Compensation Lawyer.
If you got hurt at work in White Plains or elsewhere in New York, please contact the Law Office of Michael J. McConnell right now for your free consultation.
Areas Served:
- Westchester County
- NYC (the Bronx, Manhattan, Queens, Brooklyn, Staten Island)
- Rockland County
- Long Island
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