Carpal Tunnel and Workers' Compensation - Obtaining Benefits
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The author explains the concept of carpal tunnel syndrome in relation to worker´s compensation. Colorado lawsuits, much like in the rest of the country, hinge upon proving occupational disease or illness. When a person is diagnosed with carpal tunnel syndrome, he or she might be entitled to receive worker´s compensation.
One of the most common occupational diseases is carpal tunnel syndrome. Carpal tunnel occurs when the tissue surrounding the wrist becomes inflamed. The inflamed tissue puts pressure on the median nerve that runs from the wrist to the hand. Carpal tunnel can eventually lead to acute pain, tingling, and numbness in both the hands and wrists, and sometimes a weak hand grip .
Carpal tunnel most commonly occurs in jobs with a lot of repetitive motion, like assembly line work, but is especially prevalent in jobs where heavy typing is involved. The syndrome is considered an occupational disease or illness because it occurs over an extended period of time and is not a specific injury incurred on the job site.
If you think that you have carpal tunnel syndrome due to work related activities, workers' compensation rules in most states require that you report it to your employer within a specific time frame in order to maintain eligibility for workers' comp benefits. You should notify your employer as soon as you are aware of your carpal tunnel . A worker's comp attorney or your state's workers' comp agency can help you navigate your state's laws and provisions.
A doctor will perform tests on your suspected carpal tunnel in order to give you a disability percentage. The rate of your disability percentage dictates the level of workers' comp that you might receive. These percentages are subjective in nature and many workers find that their percentages are lower than they initially expected and thus workers are often left looking for another job.
Roget, a paralegal, is a prime example of the frustrating nature of trying to obtain workers' comp benefits. A year into her job as a paralegal at a small law firm, Roget began experiencing pain in her right wrist, which grew more acute as time went on. Roget notified her supervising attorney, who instructed her to meet with the firm's human resource department to discuss workers' comp options.
Meeting with human resources led Roget to an orthopedic surgeon who performed an MRI of Roget's wrist and diagnosed her with carpal tunnel syndrome. The surgeon recommended that Roget be given duties that didn't include typing and assigned Roget a rating of 12 percent.
The law firm then transferred Roget into the filing clerk department but Roget's pay, even though it included the 12% disability, was drastically less than her original pay. Roget then sought out the opinions of two other orthopedic surgeons but she could not get her disability rating raised any higher than 25% by the legal firm's insurance company. Frustrated by her inability to be fairly compensated, Roget ultimately decided to leave the firm for other employment.
With so many factors playing into workers' compensation benefits for an occupational disease like carpal tunnel syndrome, and with laws slightly varying from state to state, you should seek out the assistance of a workers' comp attorney in your state to ensure maximum compensation.
ABOUT THE AUTHOR: Mack Babcock, Esq.
Founder of the Babcock Law Firm, Mack Babcock has a diverse legal background coupled with a strong dedication to obtaining justice for his clients. Mack belongs to several legal associations including the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association, the Workers' Compensation Educational Association and the Colorado Professionals in Workers' Compensation. He is also included on Super Lawyers' 2010 list of “Rising Stars” in Colorado.
Mack is also a husband and proud father of two young children. When he's not with his family or vigorously fighting for the rights of clients as a workers' compensation attorney, you will probably find him swimming at the pool or running and biking along Colorado's scenic roads. He has competed in several marathons, road races and triathlons, including several half and full distance Ironman triathlons.
Copyright The Babcock Law Firm, LLC
More information about The Babcock Law Firm, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Carpal tunnel most commonly occurs in jobs with a lot of repetitive motion, like assembly line work, but is especially prevalent in jobs where heavy typing is involved. The syndrome is considered an occupational disease or illness because it occurs over an extended period of time and is not a specific injury incurred on the job site.
If you think that you have carpal tunnel syndrome due to work related activities, workers' compensation rules in most states require that you report it to your employer within a specific time frame in order to maintain eligibility for workers' comp benefits. You should notify your employer as soon as you are aware of your carpal tunnel . A worker's comp attorney or your state's workers' comp agency can help you navigate your state's laws and provisions.
A doctor will perform tests on your suspected carpal tunnel in order to give you a disability percentage. The rate of your disability percentage dictates the level of workers' comp that you might receive. These percentages are subjective in nature and many workers find that their percentages are lower than they initially expected and thus workers are often left looking for another job.
Roget, a paralegal, is a prime example of the frustrating nature of trying to obtain workers' comp benefits. A year into her job as a paralegal at a small law firm, Roget began experiencing pain in her right wrist, which grew more acute as time went on. Roget notified her supervising attorney, who instructed her to meet with the firm's human resource department to discuss workers' comp options.
Meeting with human resources led Roget to an orthopedic surgeon who performed an MRI of Roget's wrist and diagnosed her with carpal tunnel syndrome. The surgeon recommended that Roget be given duties that didn't include typing and assigned Roget a rating of 12 percent.
The law firm then transferred Roget into the filing clerk department but Roget's pay, even though it included the 12% disability, was drastically less than her original pay. Roget then sought out the opinions of two other orthopedic surgeons but she could not get her disability rating raised any higher than 25% by the legal firm's insurance company. Frustrated by her inability to be fairly compensated, Roget ultimately decided to leave the firm for other employment.
With so many factors playing into workers' compensation benefits for an occupational disease like carpal tunnel syndrome, and with laws slightly varying from state to state, you should seek out the assistance of a workers' comp attorney in your state to ensure maximum compensation.
ABOUT THE AUTHOR: Mack Babcock, Esq.
Founder of the Babcock Law Firm, Mack Babcock has a diverse legal background coupled with a strong dedication to obtaining justice for his clients. Mack belongs to several legal associations including the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association, the Workers' Compensation Educational Association and the Colorado Professionals in Workers' Compensation. He is also included on Super Lawyers' 2010 list of “Rising Stars” in Colorado.
Mack is also a husband and proud father of two young children. When he's not with his family or vigorously fighting for the rights of clients as a workers' compensation attorney, you will probably find him swimming at the pool or running and biking along Colorado's scenic roads. He has competed in several marathons, road races and triathlons, including several half and full distance Ironman triathlons.
Copyright The Babcock Law Firm, LLC
More information about The Babcock Law Firm, LLC
View all articles published by The Babcock Law Firm, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
