Repetitive Strain Injuries: Why Insurance Companies Fight Them Harder
Carpal tunnel syndrome, tendinitis, chronic joint and back pain from years of the same motion, the same posture, the same strain day after day. These are some of the most disabling conditions I see. But because there's no single moment an insurance adjuster can point to, no fall, no crush, no one incident report, repetitive strain injury claims often get more skepticism than almost anything else that crosses my desk.
I want to explain why that happens, and what I do differently because of it.
A Pattern I've Seen
Why RSI Claims Face More Pushback
Most workplace injuries have a clear before and after. Something happened, and the paperwork more or less writes itself.
Repetitive strain injuries don't work that way. The damage builds slowly, over months or years of typing, lifting, gripping, or holding the same position. By the time a worker in Fresno finally sees a doctor about it, the condition may have been developing for a long time, and there's rarely a single event to point to.
The absence of a single injury date doesn't mean the injury isn't real. It just means someone has to work harder to prove it, and that's exactly what I do.
That missing starting point is exactly what insurance companies use. Without an incident report, they can argue the injury didn't happen at work at all, or that it's the result of age, a hobby, or something unrelated to the job. I've watched adjusters lean on this harder with RSI claims than with almost any other case type.
The Timing Problem
When Does the Clock Actually Start?
One of the most common mistakes I see happens before a worker ever calls me: waiting too long to report the injury, because it wasn't obvious yet that the pain was job-related.
Under California law, you generally have 30 days to report a work injury to your employer. For a sudden accident, that's straightforward. For a repetitive strain injury, it isn't.
Important
The 30-Day Clock Starts When You Know, Not When It Started
For a repetitive strain injury, that window generally begins once you've missed work because of it and a doctor has connected it to your job duties, not when the symptoms first appeared. Waiting past that point, even because you genuinely didn't realize the pain was job-related, can put your claim at risk.
If you're not sure whether you're still within that window, it's worth a phone call before you decide anything else.
What I Look For
Building an RSI Claim That Holds Up
When someone comes to me with a repetitive strain injury claim, I'm not just filling out paperwork. I'm building a record that can hold up against exactly the kind of pushback I described above.
Strengthening Your Claim
What I Look for Early
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✓A clear medical diagnosisA doctor who connects your specific job duties to your specific diagnosis, not just a general note about pain.
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✓A detailed description of your job dutiesExactly what your job requires: how many hours, what movements, what equipment, and how long you've done it.
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✓A record of when symptoms started affecting workEven informal notes, emails, or texts about missed work or reduced duties can matter later.
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✓A record of any accommodation requestsIf you asked your employer to modify your duties or provide equipment, that request is part of your story.
My Approach
Why I Meet Every Client Myself
At a lot of firms, you talk to a paralegal before you ever speak to the attorney handling your case. That's not how I work. You start with me, and that matters more for RSI cases than most, because the details that make or break these claims come out in conversation, not on an intake form.
The tools you use all day. How your workstation is set up. Whether you've mentioned the pain to a supervisor, even informally. These are the kinds of details I'm listening for, and they're easy to miss if the person taking your story doesn't know what to listen for.
Start With a Conversation
If Something Feels Off About Your RSI Claim
If you've been dealing with pain from repetitive motion at work, whether it's carpal tunnel, tendinitis, or something you haven't been able to name yet, I'd encourage you to talk to someone before you assume you don't have a case, or before you accept an offer that doesn't account for everything you're dealing with.
Consultations are always free. I work on a contingency basis, so you owe nothing unless I win. And if getting to my Fresno office isn't realistic right now, I'm available to meet you at home.
Talk to a Repetitive Strain Injury Lawyer in Fresno, CA
Free consultations for injured workers. You pay nothing unless I win.