1. What is carpal tunnel syndrome?
Carpal tunnel syndrome (CTS) is a common form of repetitive stress injury which commonly occurs when a person's wrists, for example, are exposed to repetitive strain on a regular basis. Tissues surrounding a person's wrist tendons become enlarged to the point that they compress the median nerve, which runs through a passage in the wrist known as the carpal tunnel. This compression can cause the following problems:
- Numbness, tingling and pain in the hand, wrist and forearm
- Impaired or lost nerve function
- Reduced muscle control
- Reduced grip strength
The United States Department of Labor states that carpal tunnel syndrome was the "chief occupational hazard of the '90's - disabling workers in epidemic proportions."
2. Is CTS considered a work-related injury under the Illinois Workers' Compensation Act?
Yes. The Illinois Supreme Court has found that "...although carpal tunnel syndrome develops gradually and not as the result of a sudden mishap," employees can be compensated from the onset of CTS under the Act.
3. What medical benefits am I entitled to after I develop CTS on the job?
You are entitled to receive 100% of all medical expenses that are reasonable and necessary to treat your condition. These include, but are not limited to, first aid, emergency room services, doctors visits, inpatient and outpatient hospital care, and prescriptions.
4. Am I able to choose my own physician or hospital for treatment of my CTS?
Yes, but certain restrictions are specified under the Illinois Workers' Compensation Act.
In many cases an injured worker can see up to two doctors of his own choice. However, if your employer maintains a Preferred Provider list, you are required to select a treater from that list as your first choice of doctor, or else forfeit that first choice. In that case, you will be entitled to only one doctor of your own choice. In our opinion, the doctors on an employer's Preferred Provider list are biased in favor of the employer and should not be seen. Because declining to treat with your employer's doctors will leave you with only one choice of doctor, it is important that you contact us before beginning treatment so that we can review with you your doctors and make the best use of your choice.
5. Will I be asked to pay any deductibles or co-insurance payments out of my own pocket, or are there any pre-set dollar limits that will be placed on my medical treatment for my work-related CTS?
As long as your medical treatments are reasonable and necessary to treat your CTS, you should not be asked to pay any deductions, and no dollar limitations should be placed on your treatment.
6. What wage benefits am I entitled to while I am off work because of my CTS?
You are entitled to temporary total disability compensation (TTD) while you are off work and are under active medical treatment. Temporary total disability compensation is based on a percentage of your average weekly wage, including overtime.
7. When will my TTD benefits begin after I am taken off work by my physician?
Under the provisions of the Illinois Workers' Compensation Act, your employer or their insurance company is legally required to begin payment of TTD within fourteen (14) days of the date you informed your employer that you developed CTS.
8. Will I be entitled to receive any other benefits after I return to work at my regular job after being treated for CTS?
You may be entitled to receive compensation for the partial permanent loss of use of your hands or arms as a result of contracting CTS while on the job. Such compensation is called permanent partial disability compensation (PPD), and is received as the result of a settlement agreement between you and your employer, or as the result of the decision of the arbitrator assigned to your claim.
The Illinois Workers' Compensation Commission takes into consideration 5 factors to determine the extent of your permanent partial disability: a physician's assessment of the level of impairment, your age, your occupation, your future earning capacity, and any other evidence of disability corroborated by treatment records. Using these factors to evaluate the amount of PPD to which you are entitled can be a complex and confusing task. You should consult with a workers' compensation lawyer experienced in evaluating, negotiating, and fighting for PPD claims in order to get the settlement or arbitration decision you deserve.
9. Will I be entitled to receive any other benefits if I am unable to return to work at my regular job after being treated for CTS?
If it is necessary for you to accept a lower-paying job because of your inability to perform the responsibilities of your usual and customary employment, you may be entitled to benefits equal to two-thirds (2/3) of the difference between the average gross weekly wage you were earning before you developed CTS and the wage you are able to earn after your return to work.
10. Will I be entitled to any vocational rehabilitation benefits in order to retrain me for another occupation in the event I am unable to perform my former job because of my CTS?
If you are able to prove through medical evidence that you are unable to return to your former usual and customary occupation as a result of your CTS, your employer may be responsible to pay for the vocational rehabilitation necessary to return you to a position consistent with your physical limitations. You may also be entitled to receive maintenance payments in the form of TTD during your retraining period.
11. Under what conditions am I able to ensure that I will be able to receive future medical treatment for my CTS?
Having a hearing before an Arbitrator at the Illinois Industrial Commission is the only legal method for preserving your right to medical treatment after the resolution of your claim. When you settle your claim with your employer for a lump-sum payment of PPD, you forever close out your right to receive any future medical treatment for your CTS.
12. Will I be able to receive social security benefits as a result of developing work-related CTS?
If you are disabled from working for a period of five (5) months, and it is anticipated by your physician that your disability will continue for a total of one year or longer, you may be eligible for social security benefits.
DISCLAIMER: All answers to the hypothetical questions contained herein are provided for informational purposes only and are not intended to be construed as legal advice. Giacoletto Law Office shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
