Carpal tunnel syndrome is a common workplace injury that is caused by repeated pressure on the median nerve. Although symptoms of the condition can develop because of pregnancy, diabetes, or arthritis, it is usually associated with tasks that require repetitive hand or wrist motion.
Workers who experience symptoms of carpal tunnel syndrome have to deal with distress and medical expenses. If left untreated, the injury can permanently affect the way employees perform their day-to-day tasks.
Fortunately, federal and state laws grant workers the right to recover compensation for an injury sustained on the job.
Are you are a loved one is going through symptoms of work-related carpal tunnel injury? We have put together an outline of the legal measures you can take to recover the compensation you deserve.
Can You Sue for Carpal Tunnel Pain?
Filing a lawsuit against your boss for carpal tunnel syndrome is not an option. However, you can pursue a workers’ compensation claim if you sustained the injury from work activities. This process is different from trying to recover damages through the regular court system.
How is it different?
Your employer is presumably required to pay for workers’ compensation insurance. In case you get injured on the job, you will receive a payout regardless of fault. You do not need to show that the company acted negligently.
Pursuing a workers’ compensation claim may seem simple, but you have to be cautious. The insurance company could argue that you are not entitled to compensation for several reasons. They may claim that you acted recklessly or even raise doubt on the severity of your injury.
A qualified lawyer can help you respond to these issues and advance your best interests.
What is the Value of Carpal Tunnel Claims?
Direct expenses for medical bills, doctors’ visits, prescriptions, and rehabilitation will probably take the most significant chunk of your claim. Take note of charges for surgery or devices. Transit costs and other fees for your treatment also add up to your complaint.
Moreover, wages you have lost because of your carpal tunnel injury adds value to your claim. These are referred to as temporary disability benefits and may take a while to collect.
If your condition has caused permanent disability, you are entitled to compensation. Your employer may even be compelled to provide training or a new role. Otherwise, you will recover benefits based on how much the injury has affected your life.
All of these components add value to your carpal tunnel claim. An attorney can give you an accurate estimate if you are looking to file a complaint.
Likelihood That Your Employer Will Be Found Liable
The most crucial factor that can improve your chances of recovering compensation is the evidence you have against your boss. If you have insufficient evidence proving that your employer was at fault, the value of your claim goes down.
In cases of carpal tunnel claims, an employer might admit liability for negligence but convince the jury that the negligence did not cause the condition.
For instance, symptoms of your carpal tunnel injury showed up months after you left the job. If you delayed visiting a doctor, your employer could argue that the damage was a result of other activities.
A defendant will be more inclined to take a chance at trial in a case where liability is ambiguous. In the same manner, a plaintiff will be more willing to take a low settlement offer instead of taking the risk of getting nothing at trial.
Carpal Tunnel Settlements
The average compensation for work-related carpal tunnel syndrome varies from state to state. However, the factors that add up to a claim usually include payment for medical bills and compensation for disability and impairment. The following are examples of settlements for carpal tunnel injury.
- $7,500 for a plaintiff who claimed bilateral carpal tunnel syndrome as a result of an auto accident.
- $75,000 settlement after a plaintiff involved in a car accident was diagnosed with neck and arm pain caused by carpal tunnel syndrome.
- $150,000 settlement after a defendant was found liable for causing a pedestrian’s carpal tunnel injury in a car accident.
- $400,000 verdict for a plaintiff after sustaining carpal tunnel injury in an auto accident.
If you or a loved one is suffering symptoms of carpal tunnel syndrome, talk to a qualified workers’ compensation lawyer and know the value of your claim!
Categories: Workers Compensation