Lawyer explains how to win a workman’s comp claim for carpal tunnel syndrome.
We have represented many employees who have developed carpal tunnel syndrome from on-the-job activities. This condition occurs when the median nerve is affected by repetitive hand, wrist, or arm movements. It can also be caused by using vibrating power tools. This syndrome is highly prevalent among office workers, factory workers, craftsmen, construction workers, chefs, drivers, and grocery store workers. Symptoms include numbness, tingling, burning, and weakness in the hands, fingers, or wrists. Here is how to win a carpal tunnel syndrome workers’ comp claim.
Treatment for this condition consists of wrist splinting, medications, corticosteroid injections, and surgery. These can be devastating injuries when an employee is supposed to be using their hands all day long. Keep reading to find out what benefits are available and how to make sure you win a claim for this condition.
Is carpal tunnel syndrome covered under workers’ comp?
Carpal tunnel syndrome is covered under workers’ comp. State law protects employees who are hurt on-the-job. It does not matter who was at fault just that it arose out of and in the course of employment. There does not have to be a specific event trauma to win this type of claim.
Workers’ comp benefits include unlimited medical treatment, lost wages, and vocational rehabilitation. Employees can select their own doctor after 28 days and should never owe any copayments/deductibles for medical treatment. A disabled employee can also expect to be paid 80% of their after-tax average wage if they cannot work.
Responsibility for payment of workers’ comp benefits falls to the last employer who exposed an employee to the work conditions that caused the occupational disease. This means an employee who has only worked for a short period of time for an employer can win a claim for this condition in Michigan.
How to make a carpal tunnel syndrome workers’ comp claim
To make a carpal tunnel syndrome workers’ comp claim you must tell a supervisor or manager that you are having symptoms from your job and need medical treatment or time off. Notice must be given within 90 days and a claim must be made within 2 years.
It is critical to follow-up with a doctor and get medical evidence as soon as possible. All medical bills should be covered under workers’ comp. The employer chooses the medical providers during the first 28 days so make sure to request to be seen.
How to win a carpal tunnel workers’ comp claim?
Our experience shows that to win a carpal tunnel workers’ comp claim preparation is key. It requires gathering medical evidence that supports causation and disability. A good place to start is by talking with your doctor explaining the type of work that is performed and what symptoms you are having. Expect a doctor to do a physical examination and possibly order a specialized test called an EMG.
Make sure to ask your doctor about work restrictions and the types of activities that should be avoided. Watch out for insurance companies who use the independent medical examinations (IME) to deny payment of workers’ comp benefits. Call an experienced workers’ comp lawyer if this should occur.
What is the average carpal tunnel syndrome workers’ comp settlement in Michigan?
In Michigan, the average payout on a workers’ comp settlement – whether it involves carpal tunnel syndrome or another injury – was more than $62,000 in 2022. Unfortunately, there is no specific data about carpal tunnel syndrome injuries and what the average settlement amount is.
What is known, however, is that in those cases where a worker’s injuries – such as carpal tunnel syndrome – require permanent work restrictions and medical care for the rest of his or her life, the settlement amounts are considerably higher.
What factors can affect how much is awarded in a settlement?
Factors that will affect how much you may be able to recover in a settlement in your case include your age, the costs associated with your current and future medical needs, the extent of your work disability, your wages, and the skills that you acquired at your job which may be transferable to a new and different job.
Although the insurance companies won’t tell you this, one of the most important factors contributing to the amount of your settlement is your choice of lawyer. Being represented by an experienced workers’ comp lawyer who has a reputation for not backing down and for getting winning results for his or her clients can get you a larger settlement, faster.
Injured on the job? Call our work injury lawyers now!
If you have question about a carpal tunnel workers’ comp claim, call now to speak with an experienced work injury lawyer, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 316-8033 for a free consultation today.
Related information:
Workers’ Compensation and Short Term Disability: Is There A Difference?
