Can I Make a Carpal Tunnel Injury Claim?

You spend most of every workday typing away at a computer. Or you work on an assembly line, rapidly installing parts on complex machinery. Over time, you start to experience numbness and tingling in your hands and fingers. Is it just temporary muscle fatigue? Maybe, but there's a chance that you're dealing with early symptoms of carpal tunnel syndrome.

The American Academy of Family Physicians reports that carpal tunnel syndrome (CTS) affects about three to six percent of all adults in the United States. This seems like a small percentage, but in real numbers it means that more than 15 million people might suffer from CTS.

Read on to learn more about CTS, its causes and symptoms, and your legal options if you're thinking about an injury claim or lawsuit.

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is the popular name for a condition doctors refer to as median nerve entrapment or compression. The median nerve runs down the forearm and through an opening in the wrist known as the "carpal tunnel." It provides sensation to the palm side of the thumb and first three fingers.

Pressure on the median nerve causes pain, numbness, and tingling, usually in the fingers, and sometimes in the palm or wrist. The pain can radiate upward from the wrist into the elbow or upper arm. Left untreated, CTS often is a progressive condition, meaning it gets worse over time.

What Are the Symptoms of Carpal Tunnel Syndrome?

Symptoms of carpal tunnel syndrome can vary from person to person, frequently depending on the nature and severity of the condition leading to pressure on the median nerve. The most common symptoms include:

• numbness, tingling, or an electric shock or burning sensation in the thumb or first three fingers
• loss of dexterity in the thumb or fingers
• pain in the hand, sometimes radiating up to the arm and shoulder
• grip weakness or an inability to grasp or pinch, and
• frequently dropping things.

Early on, symptoms tend to be worse at night and during times when the wrists and hands are frequently used. As CTS gets worse, symptoms appear more regularly during daytime hours.

What Causes Carpal Tunnel Syndrome?

Carpal tunnel syndrome is associated with a variety of causes, including wrist anatomy, obesity, autoimmune disorders like rheumatoid arthritis, and hormonal changes related to pregnancy and menopause. But the most common causes of CTS—and the ones we're concerned with here—are repetitive motion and trauma.

Repetitive Motion

Repetitive motion involves making the same hand or wrist movements over and over. Lots of activities require repetitive hand or wrist motions, including some types of jobs. These include:

• typing or data entry
• assembly line work
• playing musical instruments
• working on a computer
• sewing
• mechanic
• painter
• agricultural worker
• locksmith
• cashier, and
• jobs that require repeated use of vibrating tools.

Repetitive motion injuries can take months or years to develop. If your CTS was caused by work-related activities, the symptoms might not appear until after you've left the job that caused the condition.

Trauma

Wrist injuries—fractures, dislocations, and sprains—can cause narrowing of the carpal tunnel, leading to CTS. For example, broken bones and dislocations sometimes produce traumatic arthritis, a chronic, inflammatory condition. Wrist sprains typically lead to swelling, causing the median nerve to be compressed.

Car accidents, falls, sports injuries, and work-related accidents are some of the most frequent culprits.

Making a Legal Claim for Carpal Tunnel Syndrome

If you've been diagnosed with CTS, do you have a legal claim? Can you get compensation ("damages" in legalese) for your injuries and related losses?

The answer is: Possibly so. Not every CTS diagnosis means a valid injury case. And no matter what kind of claim you pursue, the success or failure of your case is likely to turn on your (and your doctor's) ability to determine the cause and severity of your condition.

Possible CTS legal claims include:

• a workers' compensation claim
• a personal injury claim, or
• a Social Security disability claim.

Workers' Compensation Claims

You might have a workers' compensation claim if you developed CTS while on the job. State workers' compensation laws recognize CTS as a compensable work-related injury or condition. This is true whether your CTS developed over time due to repetitive work, or resulted from trauma such as a fall. But if your condition was caused by repetitive work activities, you might have to meet a higher standard of proof to show it was work related.

Depending on the nature of your injury and the state in which you work, your benefits might include medical expenses, lost wages, and compensation for permanent disability and disfigurement.

Learn more about how to file a workers' compensation claim, how to prepare for your hearing, and what to expect at the hearing.

Personal Injury Claims

What if your CTS was caused by an event unrelated to your job, like a car accident or a fall on an icy sidewalk? When another person's negligence or intentional misbehavior causes you an injury, you can file an insurance claim or lawsuit to recover your personal injury damages.

Most personal injury claims settle out of court, and yours likely will, too. Chances are you'll negotiate with an insurance adjuster to arrive at a fair settlement. If you can't resolve it on your own, give some thought to hiring a personal injury lawyer.

Social Security Disability Claims

If workers' compensation and personal injury claims aren't an option, what's left? Look into filing a claim for Social Security disability benefits. Federal Social Security disability insurance (SSDI) isn't concerned with who or what might be to blame for your condition. The key considerations are whether you meet the definition of disability, and the severity of your disabling condition.

Carpal tunnel syndrome can be a qualifying disabling condition. When you file for disability benefits, your claim will be reviewed by your state's Disability Determination Services office. If your application is approved, the benefits you get might include:

• back payments, from the date of your application to the date it was approved
• retroactive benefits, from the date your disability started to the date you filed your application, and
• ongoing monthly disability benefits.

Unfortunately, most SSDI applications—about 65%—are initially denied by Disability Determination Services. If that happens to you, you'll need to decide whether it makes sense to ask for reconsideration of the denial. From there, your remaining option is to file an appeal. In most cases, you can expect the process to take between 18 and 24 months to complete.

Next Steps for Your Carpal Tunnel Claim

Carpal tunnel cases can be difficult to win. Insurance companies and government disability examiners often look upon CTS claimants with suspicion, and might demand more proof before approving CTS claims for payment. The claim process—whether workers' compensation, personal injury, or SSDI—is often time consuming, expensive, and frustrating.

Your best bet for a timely and successful outcome will come from having experienced legal counsel on your side. This is someone who knows the rules and procedures, and who's familiar with the kinds of roadblocks that lie in your path. Find out how a workers' compensation lawyer can help, and how to choose the right personal injury attorney or disability lawyer for your claim.