The majority of work-related injuries are covered by workers' compensation, which is the insurance coverage that each employer must have. Carpal tunnel syndrome (CTS) is an injury that affects the median nerve in the wrist, and it results from repetitive motion such as writing, typing, or the use of hand tools. CTS is a common occupational injury that causes weakness, tingling, and numbness of the fingers or palm. Employees who suffer from this injury due to job-related activities are legally entitled to workers' compensation benefits.
When you file a workers' compensation claim for carpal tunnel syndrome, you have the burden to prove how your work caused the injury to your wrist. Understanding California's workers' compensation insurance system will help you make a successful claim if you are diagnosed with carpal tunnel syndrome. When seeking compensation for your work injuries, it would be wise to proceed with guidance from a knowledgeable attorney. At The Workers Compensation Lawyer Law Firm, we will offer you the legal advice and representation you need for your claim. We serve clients throughout the Los Angeles area.
Overview of Workers Compensation Injuries
The workers' compensation system caters to the needs and rights of workers injured at the workplace or while performing work-related duties. Mostly, all occupational injuries could be subject to compensation. Under the workers' compensation system, an occupational injury results from an event or prolonged exposure to your workplace. If you can establish that carpal tunnel syndrome is work-related, you can file a workers' compensation claim. Employers must have insurance coverage for all their employees. Therefore, if you suffer an injury from work, you cannot sue the employer.
Carpal tunnel syndrome is one of the most common upper extremity injuries. The workers' compensation insurance rates your level of impairment and loss of function to determine the compensation you deserve for the injury. The American Medical Association rates all injuries for workers in California to determine if the victim suffered permanent disability. If you developed carpal tunnel syndrome or another injury at the workplace, you could recover permanent disability benefits.
What is Carpal Tunnel Syndrome?
Carpal tunnel syndrome is an injury that occurs when the median nerve running from the forehand to the palm is irritated. CTS is one of the most frequent injuries reported during workers' compensation cases. Carpal tunnel syndrome causes pain, tingling sensation, and numbness on the palm and fingers, irritating. Several factors, including disease or even pregnancy, could cause carpal tunnel syndrome. However, the most common cause of this condition is repetitive motion or trauma. Repetitive motion occurs when you make similar hand or wrist movements repeatedly. There are some types of jobs or activities that could cause this condition, including:
- Assembly line work
- Data entry, typing, or working on a computer regularly
- Jobs that involve the use of vibrating tools
- Painting
- Mechanical jobs
- Playing musical instruments
- Sewing
Sometimes carpal tunnel syndrome could result from an injury such as a fall or car accident. The symptoms of CTS vary from one person to another and may include:
- Pain in the palm and extending to the arm or shoulder
- A weak grip that makes it difficult to grasp or pinch
- Tingling, burning, or numbness of your fingers
- Loss of dexterity of the fingers
If you experience any of the above symptoms, you could be suffering from carpal tunnel syndrome. Seeking immediate medical care is crucial to ensure the right treatment. Also, the evidence of your treatment is an essential piece of evidence when filing a workers' compensation claim.
Diagnosis and Treatment of Carpal Tunnel Syndrome
CTS occurs over some time, and diagnosis may take some time. If you have suffered from this condition due to your work environment or duties, you may be entitled to compensation. Some of the tests that can be used to diagnose this condition include:
- Ultrasound indicates the size of your median nerve
- Manipulation of the wrist that could detect tingling or numbness
- Physical examination to check for swelling, tenderness, and discoloration of your fingers
- X-rays that can detect arthritis
Carpal tunnel syndrome is a painful condition, and the treatment you receive will vary depending on the severity of your injury. Common treatments for CTS include:
- Pain relievers
- Splinting
- Prescription corticosteroids
- Avoiding activities that could worsen the condition
If your injury is severe, you may require surgery to relocate the nerve. Carpal tunnel syndrome may take some time to recover. Therefore, your doctor could recommend that your employer puts you on modified work or you stay away from work until you recover.
Workers Compensation and Carpal Tunnel Syndrome
Carpal tunnel syndrome is a cumulative trauma meaning the damage occurs over time of making a repetitive motion with your hands at work. Opening a worker's compensation claim for the injury to your wrist and hands will enable you to receive the right treatment and be put on modified duty until you recover.
Cumulative Trauma
The workers' compensation law defines cumulative trauma as any injury resulting from repetitive physically or mentally traumatic activities performed for a prolonged time. The combined impact of the activities causes damages that will require medical treatments. Since carpal tunnel syndrome is classified under cumulative trauma, you may not realize that you suffer from the injury until you begin to experience severe symptoms or seek medical care.
Under California workers compensation law, you have up to one year between discovering the injury and filing a workers compensation claim. Every employer must have workers' compensation insurance. Therefore, you will deal with the workers' compensation insurance carrier when you suffer from carpal tunnel syndrome.
Compensation after carpal tunnel syndrome is debatable since it is not clear whether the injury is an occupational disease or an accident. Classification of this injury is crucial in determining how you present your proof in the workers' compensation claim. Under California Labor Code 3208.1, the difference between the two most common forms of workplace injury is defined.
Specific trauma results from one incident, like a fall, while cumulative injury develops over time. As a result of the disputes surrounding injuries like carpal tunnel syndrome, determining the specific date of injury could be challenging. The date of discovery for your injury is crucial in establishing the statute of limitation. Under California labor laws, if you noted your injuries after leaving your employment. Your last day of work in the environment that caused you the injury could be used as the date of injury
Pursuing a workers' compensation claim can be challenging for an injured worker. Therefore, having a knowledgeable workers' compensation attorney by your side could make the process easier.
Filing a Workers Compensation Claim for a Carpal Tunnel Injury
If you have been diagnosed with carpal tunnel syndrome, you will need the workers’ compensation benefits for your treatment and reimburse you for lost earnings. If your employer has workers’ compensation insurance, you cannot file a lawsuit against them. TH insurance coverage must compensate you for all work-related injuries. Three main steps go into filing a workers’ compensation claim in California:
Step One
Within a day of receiving a carpal tunnel syndrome diagnosis from your doctor, you should inform your employer of the injury. You can then request a worker’s compensation claim and indicate your injury. When you file a workers’ compensation claim, you must provide medical evidence on the diagnosis and treatment. Therefore, you should ensure that all your injuries are documented, and the records kept safe.
You should always report your injuries to your employers as soon as you receive a diagnosis. Failure to report within the required time could result in the loss of your workers’ compensation benefits.
Step Two
After filing the claim form, you must return it to your employer, who will mail it to the insurance company. Once the insurance company receives a completed form, they will authorize the payment for your treatment to investigate the claim further. If the insurance company does not deny your claim within ninety days of receiving the claim form, your claim is considered approved. Insurance companies are not always eager to make payouts for workers who suffer workplace injuries. Therefore, they may attempt to deny your claim.
One of the common reasons for denial of your claim is disputes surrounding the cause of your injuries. Also, reporting the injury late could cause you to lose the right to the claim.
Step Three
Sometimes, an insurance company may begin to pay your medical and disability benefits after a carpal tunnel syndrome diagnosis. However, disagreements about your condition could result in cessation of payments or claim denial. If the insurance company denies your claim, it would be wise to contact your attorney for guidance on the way forward.
Denial of a workers’ compensation claim is always followed by an application for adjudication, which you need to file within one year of the injury. You can argue that the insurance company made payments for your medical care with the knowledge that you had suffered a work injury. Carpal tunnel syndrome is a painful condition that can affect not only your job but also your life. Therefore, you will require a knowledgeable workers’ compensation attorney.
Modified or Light Duty after Carpal Tunnel Syndrome
After filing a workers’ compensation claim, your employer may need to offer you modified or light duty if you cannot return to your everyday work. Modified duty is light or adjusted work you can do to accommodate the incapacitation caused by your injuries. In workers’ compensation cases, you are required to remain on your job if the doctor determines that it is safe to do so.
When you suffer a work injury like carpal tunnel syndrome, you can either stop working until your condition improves or continue to work while performing more manageable tasks until your injury recovers. When you exhibit the symptoms of carpal tunnel syndrome, a physician will examine your condition and write a report. The physician will comment on your capabilities and recommend restrictions such as heavy lifting, pushing of heavy load, or respective constant activities. Based on the doctor’s report, your employer can decide if modified duty is available at their company.
Even after receiving workers’ compensation benefits, the doctor could determine that you are fit to return to work. In this case, your employer does not need to offer you modified or light duties.
Carpal Tunnel Syndrome Workers Compensation Benefits
Workers’ compensation benefits exist to help injured employees recover from their losses. When you file a workers compensation claim, you could recover the following benefits:
Medical coverage
One of the benefits you can recover from a workers’ compensation claim is medical coverage. However, you must seek treatment for the work-related injury through the Medical Network Provider. Injured workers must receive a standardized level of care, and your treatment is based on guidelines to determine its appropriateness. All medical requests for workplace injuries must go through a physician for approval or modification.
Medical coverage will include the cost of all the treatment necessary to treat carpal tunnel syndrome. A claim for medical coverage is not limited to a specific dollar amount, and you can recover as much as you need to treat your injuries until you recover. Medical coverage benefits may include compensation for:
- Medications
- Surgical procedures
- Nursing care
- Medical equipment
- Mileage reimbursement. If you need to travel for medical appointments while you recover from carpal tunnel syndrome, you can seek compensation for the cost of travel.
When you seek compensation for medical expenses resulting from carpal tunnel syndrome, you should consider any future or long-term care that you will need. Sometimes, your employer may try to deny the claim by arguing that your injury is not work-related. Therefore, if you are diagnosed with carpal tunnel injury, you should record all your treatment records. The records will be essential pieces of evidence to appeal the denial of your claim.
Temporary Disability Benefits
In California, temporary disability benefits substitute for lost wages when an employee suffers workplace injuries. These benefits would cover the amount you would have earned if you did not suffer the injury. Your employer’s insurance will only compensate you for temporary disability if they are convinced that carpal tunnel syndrome is related to your job. If your compensation claim is denied, you may have to seek your disability benefits from the employment development department.
You will receive compensation for temporary disability if your doctor recommends that you not perform your duties for a particular time. After receiving your medical report from the physician, the insurance company must start paying your temporary disability benefits within fourteen days. If the payment is late, you may receive an additional 10%. The payments for temporary disability will stop when your condition improves, and the doctor recommends that you resume work. If the injury does not recover or it worsens, you may transition to permanent disability benefits.
Sometimes, the insurance company may fail to pay your medical disability benefits even after assessing your medical report. In this case, you may need to file a formal claim so the judge can determine your eligibility for the benefits.
Permanent Disability Benefits
Payment for permanent disability compensates you for loss of future earnings due to permanent disability. The severity of carpal tunnel syndrome may vary from one person to another. Therefore, payment for permanent disability is calculated based on your ability to compete in the labor market. Permanent disability can be partial or total based on disability rating.
It is crucial to understand that you cannot receive permanent disability benefits while on temporary disability. If the Carpal tunnel syndrome effects make it difficult for you to work in the future, you may be eligible for permanent disability benefits. Since your disability rating is based on medical reports, seeking medical care from a neutral doctor is vital. Also, competent legal guidance will help ensure that you are not cheated out of your benefits.
Supplemental Job Benefits
If you cannot return to work due to the permanent effects of carpal tunnel syndrome, you may be entitled to a voucher to fund your training for new employment. If you wish to receive the Supplemental job displacement voucher, you must file a workers’ compensation claim for your injury. The supplemental job displacement voucher amounts to $6,000, and you can use it for:
- Skill enhancement or training
- Occupational licensing
- License placement agencies
- Vocational counseling services
- Tools required by an education program
If your injuries resulted in permanent disability, you might be eligible for supplemental job benefits. However, your employer could alternatively offer you modified work that lasts up to twelve months or longer. When you suffer more than one work-related injury, you could receive multiple. Three main steps go into receiving the voucher:
- Medical report. The report from your doctor will indicate your workability after the injury. You are not eligible for the voucher unless your medical information indicates that the injury is permanent.
- Work offer. The insurance company will contact your employer to determine whether they have supplemental work to offer you. Your employer must have an alternative job offer within sixty days of receiving your medical report. Failure to take time off your job is considered an acceptance of your employer’s offer.
- Settlement. If you are entitled to a voucher, you cannot take cash unless there is a dispute on your eligibility for the benefits.
Denial of a Workers Compensation Claim
In California, an injured worker is eligible for workers compensation benefits if:
- The worker suffered the injuries at work
- The work suffered an occupational illness caused by the work environment
- The injury arose during employment
Most injuries, including carpal tunnel syndrome, meet the standard. However, some circumstances could result in denial of your claim. If your claim is denied, you have a right to appeal the decision. With the guidance of a competent workers’ compensation attorney, you can fight the decision to ensure you receive the benefits you deserve. Some of the common reasons for denial of a workers’ compensation claim include:
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Delay of the Filing Process
When diagnosed with carpal tunnel syndrome, you have up to thirty days to report the injury to your employer. You are entitled to compensation for work-related injuries. If your employer’s insurance company fails to pay your benefits, you have one year to file a claim against the insurance company. Failure to report your injury within the stipulated time could cause you to lose your right to collect the benefits.
Although an experienced attorney can help you recover the compensation you deserve despite filing late, it would be wise to report an injury as soon as it happens.
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Facts of your Case
Work is not the only cause of carpal tunnel syndrome. The insurance company may deny your claim if the injury is not related to work or the injury occurred offsite. Disagreements over work-related injuries are a basis of claim denial. Obtaining medical records, statements from your doctor, or witnesses could help prove your claim.
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Your injury does not meet the Legal Guidelines
Sometimes, your workers’ compensation claim could be denied when your injury is not severe. However, the insurance company’s interpretation of your injury is not always correct. Failure to seek treatment for the injury could cause you to lose your compensation benefits. Seeking medical care ensures that your injury is reviewed by an expert and increases your chances of receiving compensation benefits.
Find a Workers Compensation Attorney Near Me
California law requires all employers to have insurance coverage for their employees. Injuries can result from any work environment. Suffering a workplace injury can be very traumatizing since the injury could affect your work performance and overall health. Carpal tunnel syndrome is an injury to the wrist and arm and often results from continuously positioning your hands on the computer keyboard, using power tools that vibrate, or other wrist movements.
If you are diagnosed with carpal tunnel syndrome from performing your work duties, you are entitled to compensation from your employer. The process of filing a workers’ compensation claim may be challenging since your employer may try to deny your eligibility for the claim. Therefore, seeking competent legal guidance should be your priority. At The Workers Compensation Lawyer Law Firm, we can provide the experience you need to work through your claim and recover the compensation you deserve for your injuries. Our group of top-notch attorneys serves clients requiring legal guidance in Los Angeles. Contact us today at 424-501-9228 to discuss the details of your claim.