Prevailing Factors in Carpal Tunnel Syndrome Claims

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In the state of Missouri an occupational disease is defined as being an identifiable disease that arose during the course of employment.  The disease generally has to have resulted from working.  In workers compensation claims surrounding such diseases, it is not unusual for an employer to try and argue that the plaintiffs activities outside of the work place contributed to the disease.  If your workers compensation claim for an occupational disease has been denied it is strongly advised that you speak with a workers compensation attorney before taking action in your own hands.

Occupational diseases take on many forms.  Some are contracted by continuous exposure to toxins, such as black lung disease and asbestosis, while others may be caused by continuously repeating the same motions.  Certain skin diseases, such as eczema, have also been linked to certain occupations.  In order for a disease to be considered occupational, there typically has to be a prevalence of it related to a certain industry or type of work.

Carpal Tunnel Syndrome

By far, the most commonly recognized occupational disease is carpal tunnel syndrome.  While initially it was primarily attributed to those who spent hours on a keyboard, its causes are now known to be much more diverse and can show up in any employee who uses their hands often and repeatedly to perform the same task. 

Carpal tunnel syndrome is a painful and progressive disease that occurs when one of the nerves in the wrist is compressed by swelling.  The swelling is caused by an overuse of that nerve.  Those who suffer from carpal tunnel syndrome will experience a tingling or burning sensation that will eventually spread from the fingers and palm up the arm if left untreated.  As the disease progresses, the person will begin to lose function in the hand, making it difficult to perform simple tasks like opening a can of soda.

Proving Your Claim

There are certain factors that may increase a person’s chance of developing carpal tunnel syndrome such as diabetes and arthritis.  When faced with the possibility of having to pay for the extensive treatment of the disease, an employer may try and argue that the employees lifestyle or predisposition was the primary cause, not the work duties.  This argument was used this past year by the owners of a well known office supply store in Missouri when one of their long term employees required surgery to repair the damage caused by the disease.  While the employee did indeed have a history of diabetes and high blood pressure, the workers compensation board found that his work was the prevailing factor and accepted his claim.  They clarify that medical evidence only need establish the probability of the job causing the disease, but it does not have to be the only one.

Contact Our Law Firm

If your employer is attempting to deny your claim for carpal tunnel syndrome do not give up hope for getting compensation.  Contact the Law Office of James M. Hoffmann by calling (314) 361-4300 and scheduling a free consultation.