Many workers in New York face layoffs near the end or the start of the year. For people dealing with pain from repetitive stress injuries, losing a job can raise urgent questions: Can a workers’ compensation claim still move forward after being laid off? Does the timing of the injury matter? What proof is needed?
This guide breaks down the key points in simple, easy-to-understand terms.
If a layoff has left you unsure about your rights, reach out to Schotter Millican, LLP now. Our team can review what happened and help you plan your next steps.
Understanding Repetitive Stress Injuries (RSIs)
Repetitive stress injuries develop over time. They are caused by movements or tasks repeated day after day. These injuries often affect muscles, joints, and nerves.
Common examples include:
- Back pain from lifting or bending
- Wrist and hand pain from typing, packing, or assembly-line work
- Shoulder or elbow pain from reaching or carrying heavy items
- Knee pain from long periods of climbing, squatting, or kneeling
These injuries may begin with mild soreness, then grow into daily pain that limits everyday work tasks. Because symptoms often start small, many workers do not report them right away.
How RSIs Are Viewed in New York Workers’ Compensation Claims
In New York, workers’ compensation covers injuries that happen due to work duties—even if the injury builds slowly. The key point is showing that work activities caused or contributed to the condition.
For readers who want deeper information about repetitive strain injuries, you can explore this helpful page on workplace repetitive strain injuries.
Can Laid-Off Workers Still File a Workers’ Compensation Claim?
Yes. Being laid off does not automatically stop someone from filing a claim. Many workers do not realize this and assume it is too late. However, timing is crucial, and it is essential to understand how the law perceives these claims.
A claim may still be valid if:
- The pain or symptoms started while still working
- The injury was caused by tasks performed on the job
- A doctor confirms the condition is work-related
- The worker reports the injury and files the claim within the required time limits
Even if a worker did not report symptoms before the layoff, a claim may still move forward. What matters most is the connection between the injury and the work tasks—not the job status at the moment of filing.
Why Layoffs Often Bring RSI Claims to Light
Many workers ignore early signs of pain because they fear losing their jobs or do not want to draw attention to their condition. When a layoff happens, the pain can feel worse because:
- Stress increases physical tension
- Daily tasks change, making injuries more noticeable
- Workers finally have time to seek medical care
It is common for laid-off workers to discover the full extent of their injuries only after they stop working.
Steps Laid-Off Workers Should Take if They Suspect an RSI
Taking the right steps early can help protect a claim. Here are the most helpful actions:
1. Get Medical Care Right Away
A doctor’s visit provides:
- A clear diagnosis
- Documentation of symptoms
- Notes connecting the injury to work duties
Medical records are one of the most critical parts of any RSI claim.
2. Explain Your Work Tasks Clearly
During your medical visit, describe:
- How often you repeated specific movements
- How heavy or difficult the tasks were
- When pain first started
This helps the doctor understand the work connection.
3. Report the Injury as Soon as Possible
Even after a layoff, report the injury:
- To your former employer
- In writing, if possible
- With dates, symptoms, and job duties
New York law sets deadlines for reporting, so it’s important not to delay.
4. File a Workers’ Compensation Claim Promptly
Workers must file a claim with the New York State Workers’ Compensation Board.
A claim can move forward even after a layoff as long as the injury happened while employed.
5. Keep Records of Everything
Save:
- Medical notes
- Written reports to your employer
- Any work restrictions
- Any correspondence about the layoff
Clear records make it easier to show how the injury developed.
Why Employers and Insurers May Challenge RSI Claims After a Layoff
Repetitive stress injuries can be harder to prove than sudden accidents because they develop slowly. After a layoff, employers or insurers may try to argue:
- The injury happened after the worker left the job
- The worker only reported symptoms after being laid off
- The condition is due to aging, hobbies, or another job
- There is not enough medical proof
These challenges can feel overwhelming. But they do not mean a claim is invalid. It simply means the worker must show how the injury is tied to their job.
How Legal Support Can Help with RSI Claims After Layoffs
Navigating a workers’ compensation claim for a repetitive stress injury can be stressful—especially during or after a layoff. An attorney who handles these cases every day can help with:
- Reviewing work duties that contributed to the injury
- Gathering medical evidence
- Filing required forms correctly
- Communicating with the insurance company
- Explaining what benefits may be available
- Preparing for hearings if needed
Legal guidance can also reduce the pressure on workers and families during an already difficult time.
The Impact of Timing: Why Acting Quickly Matters
Even though you can file after a layoff, waiting too long can make things harder. Late filing may:
- Raise questions about when the injury developed
- Make it harder to gather evidence
- Delay access to wage replacement or medical care
If pain began while still working—even months before the layoff—it is essential to get help right away. Early action helps protect both the claim and your health.
What Benefits May Be Available for RSI Claims
Benefits differ for each person, but workers’ compensation may provide coverage for:
- Medical treatment
- Lost wages if the injury limits work ability
- Physical therapy
- Medication
- Supportive devices like braces or ergonomic tools
Workers do not need to prove the employer did anything wrong. They only need to show the injury is related to work.
When You Should Seek Legal Help
If you were laid off and believe repetitive work caused your injury, getting legal guidance early can make a real difference. It is crucial to reach out if:
- Pain started before your layoff
- You were denied treatment while still employed
- Your claim was delayed or denied
- Your employer disagrees about how the injury happened
- You feel unsure about deadlines or forms
A single conversation can help you understand your rights and determine the next steps to take.
New York City Repetitive Strain Injury Lawyers
Repetitive stress injury claims for laid-off workers can feel confusing, especially during life changes. With the right help, you can move forward with clarity and confidence.
Reach out to Schotter Millican, LLP for support with:
- Understanding your rights
- Filing or appealing a claim
- Protecting your access to medical care
- Planning your next steps
Visit our page on workplace repetitive strain injuries for more details about these conditions.
To speak with our team, call (718) 550-0610 or use our online contact form.
We are ready to help you move forward.