Visitor Question

Carpal Tunnel Workmans Compensation Case…

Submitted By: Mandi (Victor, WV, USA)

I have been working for federal government for 13 years and worked in the same industry for 27 years. I now have carpal tunnel. My question is: Can I still keep working and draw my salary, plus get compensation for having carpal tunnel?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mandi,

Regrettably, if you are still working and developed Carpal Tunnel Syndrome on the job you cannot receive a lump sum settlement. Instead you are eligible to have Workmans Compensation pay for any medical treatment and chiropractic therapy. You may also be eligible to receive a portion of your salary while recovering.

Sometimes Carpal Tunnel Syndrome requires surgery. You certainly have the prerogative to take that drastic measure, especially if your doctor believes surgery may help ease the discomfort and pain which Carpal Tunnel Syndrome can cause.

The problem with taking a substantial amount of time off while you are recovering is that someone will have to fill in the “gap” while you are gone. In so doing you run the risk of losing your job. Regrettably, in West Virginia, as in most states employers are not prohibited from terminating employees, even if they are recovering for an injury they received on the job.

They are prohibited though from terminating an employee if the termination was as a result of the employee’s gender, religion, sexual preference, or age. If you are still working for the federal government or a private employer you will have to go through the rules regarding compensation while recovering from an injury, especially if the injury occurred while you were “on the clock”.

Whether you are working for the private employer or the federal government we urge you to read the employee manual thoroughly. An understanding of the rules for employees’ sick leave and continuing compensation should be spelled out clearly.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 8, 2011

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