Tag Archives: carpal tunnel

Five reasons why office workers don’t file workers’ comp. for hand and wrist injuries

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Office work isn’t thought of as physically difficult, but office workers can be vulnerable to hand and wrist  injuries from overuse at work. While these injuries usually aren’t permanently and substantially disabling, these injuries can lead employees to lose wages and rack up thousands of dollars in medical bills.

Yet many clerical workers are reluctant to bring workers’ compensation claims. I think there are at least five reasons why office workers don’t claim workers’ compensation for hand injuries and wrist injuries.

Hand injuries aren’t thought of as serious injuries – According to some Wasington DC think tank, carpal tunnel syndrome doesn’t count as a serious work injury. This conclusion reflects common attitudes that carpal tunnel isn’t a serious injury. If you don’t think an injury is serious, then you won’t seek treatment for the injury or seek to put it under workers’ compensation.

Workers don’t understand causation standards – In Nebraska, occupational factors merely need to contribute to the development of an injury or medical condition for it to be considered by workers’ compensation. Work duties can also aggravate an old injury. There is a misconception that an injury or condition has to be new or mostly caused by work to covered by workers’ compensation.

Workers don’t understand that repetitive use injuries are work injuries – When many people think of an injury they think of a fall or collision that happens at a distinct point in time. But in Nebraska injuries that develop over a period of time can be covered by workers’ compensation.

The stigma of filing for workers’ compensation claims – I’ve written about a lot over concerns about retaliation for bringing claims and the perception that workers’ compensation claims are fraudulent. Colorado attorney Mack Babcock wrote a thoughtful post about how the stigma of filing a workers’ compensation claim discourages employees from claiming workers’ compensation. Employees feel guilty about making claims and are often criticized by co-workers for making claims as well. Employees may customarily pay the costs of a work injury through a short-term disability policy and private health insurance, so an employee who claims workers’ compensation may be rocking the boat.

The first four factors aren’t exclusive to office workers. But I think this next factor explains why many clerical employees don’t bring claims for hand injuries due to overuse.

Cost of work injuries shifted onto private disability and health insurance – I drive past major claims processing centers for Allstate and State Farm when I drive up 84th Street on the way to Omaha. My experience is that the clerical workers who develop hand injuries doing data entry jobs in large companies will often claim short-term disability for time lost after surgery and put medical costs on private health insurance instead of claiming workers’ compensation. I think the four other factors I discussed above lead employees to use short-term disability and health insurance instead of workers’ compensation.

In my next post, I will  discuss the why and how of employees losing money by not claiming injuries as workers’ compensation injuries and what they can do if they have paid the costs of their work injury through health insurance and disability insurance.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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What is an accident in workers’ compensation?

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Accidents happen is a common refrain. Most people believe that an accident is something that happens suddenly and was caused by carelessness. But nothing is quite that simple in the world of workers’ compensation.

            Nebraska law defines accident as happening suddenly and violently, being unexpected and having objective symptoms. Suddenly violently means that an injury 1) happens at a definite time 2) stops employment and 3) the employee stops work.

            This definition can cover all sorts of injures that might not be considered an accident by a lay person.

            .Examples of such cases are: (1) carpal tunnel from repeated use of hands, (2) rotator cuff shoulder injuries from repeated use of arms above the shoulder, (3) skin conditions from repeated exposure to chemicals, dust or heat, (4) blood clotting from long periods of sitting, (5) heart attack and stroke from unusually heavy exertion, (6) lung diseases from exposure to chemicals, grain dust and cement dust, (7) cancer from exposure to chemical or substance known to be carcinogens (8) death from a work related disease, (9) mental health disease caused by long term pain from a work related injury, disease or condition.

            In cases that aren’t thought about as “accidents” injured workers may not be clear in relating their symptoms to their work. There could also be confusion over the exact date of an injury. Some employers may even be confused about what happened – or if they acting in bad faith they may try to discipline an employee for not reporting the “accident” in a prompt manner. Injured workers can end up losing their job and or having their claim denied because they don’t understand what accident means in workers’ compensation law.

            Nebraska workers facing such challenges should contact a lawyer if they suffer from a disease or condition from work activity or environment mental factors. You may be entitled to benefits. Nebraska Workers compensation benefits are not limited to sudden accidents.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Nebraska, Workers' Compensation and tagged , , , , , .

What is an accident in workers’ compensation?

Posted on by

Accidents happen is a common refrain. Most people believe that an accident is something that happens suddenly and was caused by carelessness. But nothing is quite that simple in the world of workers’ compensation.

Nebraska law defines an accident as happening suddenly and violently, being unexpected and having objective symptoms. Suddenly violently means that an injury 1) happens at a definite time 2) stops employment and 3) the employee stops work.

This definition can cover all sorts of injures that might not be considered an accident by a lay person.

Examples of such cases are: (1) carpal tunnel from repeated use of hands, (2) rotator cuff shoulder injuries from repeated use of arms above the shoulder, (3) skin conditions from repeated exposure to chemicals, dust or heat, (4) blood clotting from long periods of sitting, (5) heart attack and stroke from unusually heavy exertion, (6) lung diseases from exposure to chemicals, grain dust and cement dust, (7) cancer from exposure to chemical or substance known to be carcinogens (8) death from a work related disease, (9) mental health disease caused by long term pain from a work related injury, disease or condition.

In cases that aren’t thought about as “accidents” injured workers may not be clear in relating their symptoms to their work. There could also be confusion over the exact date of an injury. Some employers may even be confused about what happened – or if they acting in bad faith they may try to discipline an employee for not reporting the “accident” in a prompt manner. Injured workers can end up losing their job and or having their claim denied because they don’t understand what accident means in workers’ compensation law.

Nebraska workers facing such challenges should contact a lawyer if they suffer from a disease or condition from work activity or environment mental factors. You may be entitled to benefits becuase Nebraska Workers compensation benefits are not limited to sudden accidents. You may also have a case for wrongful termination if you were fired for reporting a work accident.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Nebraska, Workers' Compensation and tagged , , , , , , , , .