Repetitive Strain Injury (RSI) Claims & Compensation Amounts in New Jersey

Repetitive Strain Injury (RSI) is a common yet often overlooked workplace injury that affects thousands of workers in New Jersey. If left untreated, RSIs can lead to chronic pain, reduced mobility, and even permanent disability. Many workers are unaware that they may be entitled to compensation for their RSI, whether through workers’ compensation or a personal injury claim.

If you’ve developed an RSI due to your job, you may be eligible for financial compensation to cover medical expenses, lost wages, and pain and suffering. This guide will walk you through the essential details of RSI claims in New Jersey, including the legal basis for claims, compensation amounts, and the steps to take when filing a claim.

Symptoms and Diagnosis of RSI

RSI is a broad term that includes conditions caused by repetitive motion, forceful exertions, vibrations, or prolonged awkward positions. Some of the most common RSIs include:

• Carpal tunnel syndrome
• Tendinitis
• Bursitis
• Tennis elbow (lateral epicondylitis)
• Rotator cuff injuries

Symptoms of RSI

• Persistent pain or tenderness in muscles, nerves, or tendons
• Stiffness or reduced range of motion
• Weakness in the affected area
• Tingling or numbness, especially in the hands or fingers
• Throbbing or aching pain that worsens with activity

Early diagnosis is crucial to prevent permanent damage. If you’re experiencing any of these symptoms, see a medical professional immediately and document your condition for legal purposes.

Common Causes of RSI in the Workplace

RSIs are prevalent in many industries, particularly those requiring repetitive tasks. Some common workplace causes include:

• Office Work – Typing, mouse usage, and prolonged sitting without ergonomic support
• Manufacturing & Assembly Line Jobs – Repetitive hand movements, heavy lifting
• Healthcare – Nurses and caregivers often suffer RSIs from lifting patients and repetitive use of medical tools
• Construction & Trades – Frequent use of vibrating tools like jackhammers and drills
• Retail & Warehousing – Scanning items, stocking shelves, and using cash registers

New Jersey employers are legally required to provide a safe work environment. If your job caused or worsened your RSI, you may have a valid claim.

Legal Basis for RSI Claims in New Jersey

There are two main legal avenues for RSI claims in New Jersey:

Workers’ Compensation Claims

New Jersey’s Workers’ Compensation Law (N.J.S.A. 34:15-1 et seq.) mandates that employers provide benefits for employees who suffer work-related injuries, including RSIs. Workers’ compensation covers:

• Medical expenses
• Temporary disability benefits (if unable to work during recovery)
• Permanent disability benefits (if RSI leads to long-term impairment)

Unlike personal injury lawsuits, workers’ comp claims do not require proving employer negligence. However, claims must be filed within two years from the date of injury or last compensation payment (N.J.S.A. 34:15-51).

Personal Injury Lawsuits

If your RSI resulted from a third party’s negligence (e.g., defective equipment and unsafe working conditions created by a subcontractor), you may have grounds for a personal injury lawsuit. Unlike workers’ comp claims, personal injury cases can include compensation for pain and suffering and full lost wages.

New Jersey follows a comparative negligence rule (N.J.S.A. 2A:15-5.1), meaning if you are partially responsible for your injury, your compensation may be reduced.

Compensation Amounts for RSI Claims

The value of an RSI claim varies based on severity, impact on work ability, and medical expenses. In New Jersey:

Workers’ Compensation:

• Medical expenses are fully covered.
• Temporary disability benefits equal 70% of your average weekly wage, capped at $1,099 per week (as of 2024).
• Permanent partial disability payouts vary based on the affected body part. 

Personal Injury Lawsuits:

• Settlements often range from $50,000 to $500,000, depending on case specifics.
• Notable RSI-related settlements in NJ have exceeded $1 million for cases involving employer negligence.

For exact estimates, consulting a personal injury lawyer is essential.

Time Limit for Claiming RSI Compensation in New Jersey

The statute of limitations for RSI claims depends on the type of claim:

• Workers’ Compensation: 2 years from the date of injury or last benefit payment (N.J.S.A. 34:15-51)
• Personal Injury Lawsuits: 2 years from the date of discovery of the injury (N.J.S.A. 2A:14-2)

Delays in filing can lead to claim denial, so it’s important to act quickly.

How to File an RSI Compensation Claim

Filing a Workers’ Compensation Claim:

• Report your injury to your employer as soon as possible.
• Seek medical treatment from an employer-approved doctor.
• File a formal claim petition with the New Jersey Division of Workers’ Compensation if your claim is denied.
• Consult a lawyer if you experience delays or denials.

Filing a Personal Injury Lawsuit:

• Gather evidence (medical records, work history, expert opinions).
• Prove negligence (unsafe work conditions, defective equipment, etc.).
• File a lawsuit within the deadline.
• Work with an attorney to negotiate a fair settlement or take the case to court.

Challenges in RSI Claims & How to Overcome Them

• Employer Denies RSI is Work-Related → Obtain medical opinions and workplace safety reports.
• Workers’ Comp Claim Denied → Appeal through the NJ Division of Workers’ Compensation.
• Insurance Company Offers Low Settlement → Have an attorney negotiate a higher payout.
• Proving Long-Term Disability → Keep thorough medical records and seek expert evaluations.

Contact a Lawyer for Your RSI Claim

Navigating an RSI claim can be overwhelming, especially when dealing with insurance companies or employer pushback. Having an experienced New Jersey personal injury lawyer on your side ensures you receive the full compensation you deserve.

At Rosengard Law Group, we specialize in securing maximum settlements for injured workers across New Jersey. Contact us today for a free consultation, and let’s discuss how we can help you recover from your RSI without financial stress.