Carpal Tunnel Injury

[Guest koolkid]

A woman is 32 years old and has developed severe carpal tunnel problems in her right arm. She has been employed by the same company in various positions for over ten years (since graduation from college). Her injury is likely due to daily typing and writing on the job. If her condition is certified by a physician, what benefits is she entitled to from her employer? Can the employee sue the employer and be awarded money by a court of law?

[mroberts]

First, do you have short and long term disability? If the carpel tunnel syndrome is severe enough to cause her to go out on STD, then go ahead and file the claim. When it comes to LTD, it really depends on which carrier your plan is with. A number of carriers look at her job title in the national economy, while others look at her job as it is in your company. Regardless, if she can not perform the material duties of her job, she could be out on disability for awhile. However, most carriers will work with both you and her on trying to modify her job to get her back to work. Is typing and writing all she does all day or is it just one part of her job? If you have a number of employees doing similar things, maybe switch her away from the typing and writing to acoomodate her disability.

As far as a lawsuit goes, I'm not aware of any lawsuits filed by employees getting CTS, however, it doesn't mean that it hasn't happened. I would find it hard to imagine for her to file a law suit unless she somehow proves neglect on your company's part. Note, there are law suits that occur every day for employers who do not try to accomodate an employee's disability. Your best bet - work with her and see if her job can be modified.

[jeanine]

Has she filed a workers compensation claim yet? She would need to check to see if this is covered under her state's WC definition of disability. Also note, some states limit your right to sue your employer for a work-related condition--that's what WC is for.

[mroberts]

jeanine:

thanks for the input on wc. i should have been more specific than just std.

matt

[Guest AFRICA6796]

I used to work for the Post Office, as a date conversion operator. The job was strictly data entry. Many of us developed CTS. A few sued the post office and lost.

The post office has since then included training on ergonomics as part of the orientation process and also ongoing.

[KIP KRAUS]

I’m not an attorney, but in most states if an employee can prove that his/her injury or malady is employment related he/she files a Workers’ Compensation claim against the employer’s WC insurer or the employer’s self-insured WC plan. If the employer refuses to allow the employee to file at work the employee can usually file directly with the state Workers’ Compensation Board and they will notify the employer.

Unless there is something that I’m not aware of, which could be the case, I believe that WC is the sole remedy for work related injuries unless you live in a state that has elective coverage and the employer does not participate, but this does not preclude a person from having legal representation.

[GBurns]

It seems like WC or LTD are the only recourse especially in light of today's ruling by the US Supreme Court in the CTS case of a Toyota auto assembly worked who sued under ADA and lost.

I expect that today's news will carry the details.