Can I Be Fired For Carpal Tunnel Syndrome?
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Today’s modern technology has increased the number of incidents of carpal tunnel syndrome. With people in more occupations having to use computers or perform repetitive work carpal tunnel has become more prominent and one of the most significant health problems in the 21st century workplace. However, many people fear their jobs and thus choose not to file Workers’ Compensation claims; instead they do the best they can with private insurance, pain medications and sick days.
Carpal Tunnel Syndrome Statistically Speaking
According to the U.S. Department of Labor carpal tunnel syndrome or CTS is one of the most significant occupational hazards for today’s working population. Since the last decade of the 20th century (1990s) it has risen to near epidemic proportions. Any workers who develop Carpal Tunnel Syndrome or any other type of injury that develops during the performance of their jobs are entitled to receive both medical and monetary benefits under the Workers’ Compensation laws of their state.
Fear of Job Loss
Many employees are forfeiting their right to collect Workers’ Compensation for job-related illnesses and injuries because of a fear of retaliation. These injured workers have many different misconceptions about the Worker’ Compensation claim process and their legal rights including but not limited to the following:
- They believe if they hire an attorney to handle their claim they are in essence suing their employer. Most state laws prohibit employees from suing their employers for on-the-job injuries. The job of a Workers’ Compensation lawyer is simply to ascertain that workers receive the maximum benefits the law allows. This is also to avoid the employer from referring employees to their personal physician under the group health insurance plan instead of processing a Workers’ Compensation claim. Filing a claim under the private health insurance prevents an employee from later filing under the Workers’ Compensation law.
- Many sufferers of carpal tunnel syndrome fail to file claims under Workers’ Compensation because they are afraid they will be subjected to harassment or be fired by their employers. While many employers do subject employees to a hostile environment when they file claims for Worker’s Compensation benefits, very few would risk being sued for substantial damages under the Americans with Disability Act or in a retaliation lawsuit.
Secure Legal Representation
If you feel you were fired for carpal tunnel syndrome it is in your best interest to hire a competent attorney who is experienced in Worker’s Compensation legalities. You need to make sure you understand your rights and know what your employer can and cannot force you to do.
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