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?

[Guest AFRICA6796]

http://benefitslink.com/boards/index.php?showtopic=12852

[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. Most states require employers to have WC coverage.

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 elect coverage, but this does not preclude a person from having legal representation.

I would first inform the employer that I wish to file a WC claim. If the employer is not covered or refuses to allow the employee to file a claims I would then contact the WC Board and/or a WC attorney.