How Does a Claim for Carpal Tunnel Work?
One of the most common workplace injuries is carpal tunnel. This is a repetitive stress injury that occurs in the wrist. A lot of people who work with their hands up with this illness at some point in their career.
People who work in the following industries tend to suffer from carpal tunnel:
- Casino dealers
- Machine operators
The reason these people suffer carpal tunnel is because they do the same thing over and over again. They also use their hands and wrist for eight (8) hours a day. After years of doing this, the body just can’t take it anymore and the stress on the wrist tendons becomes too great.
If you end up with carpal tunnel, you can file a Manassas workers’ compensation claim. There are a few issues that come up in these types of cases. This is why it’s a good idea to have an experienced Manassas workers’ compensation attorney handle your claim.
Manassas Workers’ Compensation Lawyers Know How to Prove Carpal Tunnel
In order to qualify for workers’ compensation, you need to prove several things. You need to demonstrate that your injury took place on the job and that you are, in fact, injured. Finally, you have to prove that your injuries weren’t caused by something other than work.
With carpal tunnel, it’s not very hard to prove that your job caused your injury. Repetitive jobs often lead to injuries such as this. If this is the type of work you do, it won’t be hard to show that your injury is job-related.
The problem is that most people have more than one job in their lives. If you’ve worked at a company for less than a year or two, chances are, you developed your injury somewhere else. Consider the following example:
John Smith works as a card dealer at the local casino. He has been there for nine (9) months and reports to Human Resources that he has carpal tunnel. He goes to see the company approved doctor who says he needs surgery. There is no other way to correct the issue and the issue is in both wrists. The surgeon wants to do the operations separately so that John doesn’t have both hands out of commission at the same time. He’s estimated to miss about four to six months of work.
The company submits the claim to their insurance company. The insurance company denies the claim. They say that they believe John developed carnal tunnel at his last job. John used to work at a different casino for over twenty (20) years dealing poker and blackjack.
If this happens, your lawyer is going to need to appeal your claim.
Your Manassas Workers’ Compensation Attorney Will Appeal Your Claim
If your Manassas workers’ compensation claim is denied, your attorney will file an appeal on your behalf. Virginia has a very unique appeals process. You must take the following steps:
- You must first receive the deputy commissioner’s decision. If it denies your claim, you must file a written appeal with the Clerk of the Commission within thirty (30) days. If you miss this deadline, your claim will forever be barred.
- The commission will request a copy of the transcript from the deputy’s report. He will also accept written statements from both you and your employer.
- You cannot introduce new evidence when you file your appeal. The commission will only consider the original file and any written statements submitted.
- The commission will make its decision based on the papers. If you wish, you can request oral argument. However, this is the exception to the norm.
- The commissioner will issue a new opinion.
- If you aren’t happy with his decision, you can file an appeal with the courts.
Ideally, the commission will approve your appeal. If not, the road to a court appeal can be expensive and long. You don’t want to go that long without benefits. This is why your lawyer will do what he can to settle your case.
Contact a Manassas Workers’ Compensation Lawyer For Your Carpal Tunnel Claim
If you learn you have carpal tunnel, you need to file a Manassas workers’ compensation claim. You will want to contact a Manassas workers’ compensation lawyer to handle this for you. You may be facing an uphill battle, and you’ll want an experienced lawyer by your side.
Call and schedule your initial consultation today. You can ask any questions you may have and get an idea of how the process works. The consultation is free and you pay nothing until your case settles.