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THIS IS HOW MISSOURI WORKER'S COMPENSATION HANDLES CARPAL TUNNEL INJURIES

carpal tunnel.jpgI recently received a question through my Missouri Workman's Comp website, as to how the Missouri Worker's Compensation system handles carpal tunnel claims.  The Missouri Work Comp system generally requires that injuries occur at a specific time due to a specific factor.  An exception to this rule are repetitive motion injuries, such as carpal tunnel.  Carpal tunnel usually occurs due to consistent repetitive stress on the wrist and hands where the median nerve becomes compressed and damaged.  This can usually lead to symptoms of strength loss, numbness and pain throughout the hand and fingers.  To be compensable under the Missouri Workman's Comp Act, the employee must first report the symptoms to their employer.  Generally, they should give written notice including the injuries alleged and how the injuries occurred and when the symptoms started.  Next, the employee should request that the employer provide treatment from the condition.  At this point, one of two things will happen:  first, either the employer will provide treatment which will be paid for by the Work Comp insurance.  Or, they may deny treatment.  At that point, we can obtain a denial letter from the Work Comp insurance company and the employee can go to their own doctor for their carpal tunnel symptoms.  Additionally, the Missouri Supreme Court just recently issued a new decision indicating that you have two (2) from the date the injuries have been diagnosed as being work-related.  This means that if you've been having carpal tunnel symptoms over the past five (5) years, but no doctor has ever diagnosed it as being work-related, the statute of limitations has not yet begun to run.  (The statute of limitations is a time period that you have to formally file the claim before you are forever barred.)

 

As a Saint Louis, Missouri Worker's Compensation lawyer, I can tell you that carpal tunnel claims are in a class by themselves.  One of the first problems you usually face is getting treatment for the injured party.  Because it generally does not occur from a specific accident, it is often hard to get the employer to begin treatment.  However, an experienced workers compensation lawyer has many tactics to fight this.

 

If you believe you have acquired carpal tunnel due to work activities, report it to your employer as soon as possible and ask that they begin providing treatment in the Work Comp system.  Additionally, if you would like to speak with a Missouri Worker's Compensation attorney, please feel free to call Josh Myers at 314.720.2706 or contact him through his St. Louis Worker's Comp attorney website.  As always, it is free to discuss your case and there is no fee unless you recover. 

 

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