What to do if I’ve been diagnosed with carpel tunnel and the doctor said that my state’s workers comp usually denies such claims?

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What to do if I’ve been diagnosed with carpel tunnel and the doctor said that my state’s workers comp usually denies such claims?

And I need to find a different job. Is this true and legal?

Asked on February 11, 2013 under Insurance Law, Utah

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's not illegal for the doctor to give you a recommendation or to advise you what he has experienced in the past.  However, every case is different, so you should proceed forward with your claim.  If you are concerned that your claim is not being handled properly, consult with a worker's comp attorney. Worker's comp is a type of law often referred to as administrative law.  You will want someone who is experienced in your jurisdiction in handling the administrators of your local program.

As a side note, you may have other options other than simply looking for another job.  Consult with the same attorney and your HR department about filing a request for an ADA (disability act) accommodation.  Depending on the extent of your injuries and the type of work at your employment, you may be able to simply get a new assignment.  However, if you don't specifically request an ADA accommodation, then you will not get the protections of the ADA.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It would be advisable to file your workers' compensation claim.  Your employer's HR department will have the documents you need to file your application.  Only the evidence presented will determine whether or not a claim is denied.  The evidence will include the medical reports documenting the extent of your condition and medical restrictions, and your job description.  If your employer cannot reasonably accommodate your medical restrictions, you may be eligible for vocational rehabilitation for a different job. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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