FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Repetitive Strain Injury and Personal Injury Claims

Statistics show that repetitive strain injury (RSI), also known as work related upper limb disorders (WRULD), is increasing at an alarming rate in the workplace. According to the Occupational Safety and Health Administration (OSHA), approximately 1.8 million workers are affected by RSI per year. One government study puts the annual RSI cost between $17 billion and $20 billion. According to one survey, close to 60 percent of computer office workers across the nation suffer from acute wrist pain while working on the computer, and 51.2% state that their keyboards are placed way too high. However, the only problem is not ergonomics – 49.7% of employees say recommendations to take breaks from their computers are ignored. RSI is a health condition which develops when a person performs a repetitive physical task over long periods of time. This can happen in any situation. It can stem from prolonged repetitive work at a factory job or even an office role. The causes could be:

  • Repetitive tasks that are performed at work such as drilling, typing or using cleaning equipment
  • Not relieving pressure on the wrists and hands by providing ergonomic tools
  • Using equipment that vibrates, such as machinery employed in construction or manufacture

Symptoms of RSI include aching and tenderness in the affected area or throbbing in the wrists and hands. RSI patients report numbness, tingling as well as nerve and tendon problems as well.

Who to Fila a Claim Against

You can bring a personal injury claim against the employer who is liable for the situation which contributed to the development of your RSI. Employers have a duty to ensure all workers that they will be provided proper facilities to prevent illnesses like RSI. Ergonomic equipment should be provided and you should be allowed to take small breaks from repetitive tasks to stop the development of RSI and its symptoms.

Compensation for an RSI Claim

In order to obtain compensation, you must win an RSI claim using the same tort elements of negligence that apply in all personal injury cases:

  • That the employer knew, or ought to have known, that there was a risk of injury which the employee was exposed to
  • Given the foreseeable risk, there was failure to take reasonable steps by the employer to reduce or prevent the risk of injury to the employee and
  • That the employee’s injury was caused by the work required to be carried out by the employee and the employer’s breach of duty

Establishing Causation

The major hurdle in taking RSI claims forward has often establishing causation (the injury’s connection to the work environment). While medical professionals have been diagnosing RSI or WRULD for many years, it is slow to be recognized by the courts. The courts are concerned with absolute proof, which is the difficulty that claimants face. Unfortunately, if a diagnosis of a recognized medical condition cannot be established, the chance of winning an RSI claim is minimal. If you or a loved one has suffered RSI due to the negligence of an employer, it is wise and judicious that you seek the help of one of the remarkable and proven personal injury lawyers at the RMFW Law firm at 212-344-1000. We at RMFW Law know how to win cases. Our legal track record is impressive and we can recognize a winning case when we see on and we know what it takes for a case to be successful. We have this formula down pat. The first meeting is free. Give us a call. You pay us nothing up front. We are only paid when you are paid. We look forward to carrying this legal baton for you all the way to a successful conclusion.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader