In the United States, nearly 2.9 million nonfatal workplace illnesses and injuries were reported to private industry employers in 2015 alone. Among those workplace injuries as of late is an increasing number of workers compensation claims of carpal tunnel syndrome (CTS). In Part I of this blog series, we discussed what carpal tunnel syndrome was and whether or not it could be claimed as a workplace injury.
Continuing now in Part II we will further discuss whether or not carpal tunnel syndrome can be classified as an accident while working on the job. In addition, we’ll cover the likelihood of being able to prove CTS as a workplace injury.
Is CTS Considered a Workplace Accident or Occupational Illness?
Whether or not your carpal tunnel syndrome can be considered as an accident or occupational illness and compensated as either or depends on your state as many are divided on this subject. The strength of your workers compensation claim depends on how much your injury can be defined as an accident or illness according to your state.
For example, if your state characterizes CTS as an occupational illness, you will need to show your workers compensation lawyer as well as your employer’s insurance company that you and you alone were exposed to a disease in the workplace that caused your injury.
Additionally, if your state characterizes carpal tunnel syndrome as an accident, you will need to cite in your workers compensation claim the evidence that shows your injury was caused by a violent incident.
Will My Claim Of CTS Hold Up In A Court Of Law?
When it comes to a workers compensation claim, whether or not you will receive benefits for your carpal tunnel syndrome depends on the ability you have to prove that your injury was caused by activities related to your work and your work alone. Your evidence, with the help of a professional workers compensation lawyer, must be clear and incredibly convincing.
Carpal tunnel syndrome can be difficult to prove as a work related injury in workers compensation claims because it takes so long to develop in the worker’s wrist. Additionally, carpal tunnel syndrome can be caused by a number of activities that are increasingly common nowadays such as computer usage. It may be more difficult to prove that your injury has been caused by your work and not by what you do in your free time.
It may be difficult to prove that your carpal tunnel syndrome is caused by repetitive work-related stress, but if your CTS is causing you to miss out on work you may be eligible for workers compensation benefits. Consult a workers compensation lawyer today for a better understanding about the possible outcomes of your case.