What Is Carpal Tunnel Syndrome and Who Is at Risk?

For employees in assembly line work and others whose work requires the use of their hands, the threat of carpal tunnel syndrome may hit close to home. Like other work-related injuries, employees in New York who suffer from carpal tunnel syndrome because of work duties may be able to file for workers' compensation.

Many people associate any pain and numbness in the hands with carpal tunnel syndrome, but some individuals may confuse their symptoms with the symptoms of other disorders like tendonitis and bursitis.

People who suffer symptoms of carpal tunnel syndrome say they feel persistent itching, tingling or burning in the palm of the hand, thumb, and index and middle fingers. Some suffers say their fingers feel swollen and useless even though swelling is not visibly present. Others may develop a sense of weakness in their hands or may no longer be able to distinguish between hot and cold temperatures.

Many people first notice symptoms after awakening because they sleep with flexed wrists. As the disorder progresses, the tingling or numb feeling may become present during the day and become more constant. Many people try to "shake out" the hand or wrist to alleviate symptoms.

Carpal tunnel syndrome occurs when the median nerve becomes pressed or squeezed at the wrist. The median nerve runs from the forearm in the palm of the hand through the carpal tunnel, which is a narrow passageway of ligament and bone located at the base of the hand. The median nerve is responsible for controlling sensation for the palm-side of the thumb and first four fingers, but not the little finger. It also controls some small muscles that allow for finger and thumb movement.

Carpal tunnel syndrome is usually the result of a number of factors that create pressure on the median nerve and tendons in the carpal tunnel. It is not caused by a problem with the median nerve itself. One common factor that contributes to carpal tunnel syndrome is the actual size of a person's carpal tunnel.

Other common factors that contribute to the disorder include injury to the wrist that causes swelling, repeated use of vibrating hand tools, mechanical problems with the wrist joint, rheumatoid arthritis, overactive pituitary gland, cyst or tumor development in the carpal tunnel, fluid retention during pregnancy or menopause and work stress.

Though there is a general belief that repetitive movement of the wrist and hand during work contribute to carpal tunnel, little clinical data supports it. The disorder is most common among workers in manufacturing, meat packing, sewing, finishing and cleaning.

If you suffer from carpal tunnel syndrome because of work, contact an experience workers' compensation attorney to discuss your legal options.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338