Workers Compensation
Lawyer
Illinois
Bradley Dworkin
Carpal Tunnel Syndrome
1. What is carpal tunnel syndrome?
Carpal tunnel syndrome (CTS) is a common form of repetitive
stress injury which commonly occurs when a person's wrists, for
example, are exposed to repetitive strain on a regular basis. Tissues
surrounding a person's wrist tendons become enlarged to the point
that they compress the median nerve, which runs through a passage
in the wrist known as the carpal tunnel. This compression can cause
the following problems:
Numbness, tingling and pain in the hand, wrist and forearm
Impaired or lost nerve function
Reduced muscle control
Reduced grip strength
The United States Department of Labor states that carpal tunnel
syndrome was the "chief occupational hazard of the '90's -
disabling workers in epidemic proportions."
2. Is CTS considered a work-related injury under the Illinois
Workers' Compensation Act?
Yes. The Illinois Supreme Court has found that "...although
carpal tunnel syndrome develops gradually and not as the result of
a sudden mishap," employees can be compensated from the onset
of CTS under the Act.
3. What medical benefits am I entitled to after I develop
CTS on the job?
You are entitled to receive 100% of all medical expenses
that are reasonable and necessary to treat your condition. These
include, but are not limited to, first aid, emergency room services,
doctors visits, inpatient and outpatient hospital care, and prescriptions.
4. Am I able to choose my own physician or hospital for
treatment of my CTS?
Yes, but certain restrictions are specified under the Illinois
Workers' Compensation Act.
5. Will I be asked to pay any deductibles or co-insurance
payments out of my own pocket, or are there any pre-set dollar limits
that will be placed on my medical treatment for my work-related
CTS?
As long as your medical treatments are reasonable and necessary
to treat your CTS, you should not be asked to pay any deductions,
and no dollar limitations should be placed on your treatment.
6. What wage benefits am I entitled to while I am off work
because of my CTS?
You are entitled to temporary total disability compensation
(TTD) while you are off work and are under active medical treatment.
Temporary total disability compensation is based on a percentage
of your average weekly wage, including overtime.
7. When will my TTD benefits begin after I am taken off
work by my physician?
Under the provisions of the Illinois Workers' Compensation
Act, your employer or their insurance company is legally required
to begin payment of TTD within fourteen (14) days of the date you
informed your employer that you developed CTS.
8. Will I be entitled to receive any other benefits after
I return to work at my regular job after being treated for CTS?
You may be entitled to receive compensation for the partial
permanent loss of use of you hands or arms as a result of contracting
CTS while on the job. Such compensation is called permanent partial
disability compensation (PPD), and is received as the result of
a settlement agreement between you and your employer, or as the
result of the decision of the arbitrator assigned to your claim.
8. Will I be entitled to receive any other benefits if
I am unable to return to work at my regular job after being treated
for CTS?
If it is necessary for you to accept a lower-paying job
because of your inability to perform the responsibilities of your
usual and customary employment, you may be entitled to benefits
equal to two-thirds (2/3) of the difference between the average
gross weekly wage you were earning before you developed CTS and
the wage you are able to earn after your return to work.
9. Will I be entitled to any vocational rehabilitation
benefits in order to retrain me for another occupation in the event
I am unable to perform my former job because of my CTS?
If you are able to prove through medical evidence that
you are unable to return to your former usual and customary occupation
as a result of your CTS, your employer may be responsible to pay
for the vocational rehabilitation necessary to return you to a position
consistent with your physical imitations. You may also be entitled
to receive maintenance payments in the form of TTD during your retraining
period.
10. Under what conditions am I able to ensure that I will
be able to receive future medical treatment for my CTS?
Having a hearing before an Arbitrator at the Illinois Industrial
Commission is the only legal method for preserving your right to
medical treatment after the resolution of your claim. When you settle
your claim with your employer for a lump-sum payment of PPD, you
forever close out your right to receive any future medical treatment
for your CTS.
11. Will I be able to receive social security benefits
as a result of developing work-related CTS?
If you are disabled from working for a period of five (5)
months, and it is anticipated by your physician that your disability
will continue for a total of one year or longer, you may be eligible
for social security benefits.
DISCLAIMER: All answers to the hypothetical questions contained
herein are provided for informational purposes only and are not
intended to be construed as legal advice. The Law Offices of Bradley
S. Dworkin shall not be liable for any errors or inaccuracies contained
herein, or any actions taken in reliance thereon.
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