Do I Qualify for Worker's Comp

[Jes]

I do not think my circumstances qualify for W.C., but I want to make sure.

I had a pre-existing hand condition before working at this job. It's very easy to work around by having variety in my projects. But my boss gave me only one option of an extremely repetitive job for the last 3 weeks. I was told it was the only work in, and was not allowed to do anything else, even though I told them it was hurting me and I could not keep doing it.

Yesterday, my hands went completely numb, and when I approached the boss to again request other work, she fired me.

I am obviously looking into disability discrimination. But my question is - since I had a pre-existing condition, and without knowing if this has permanently done more damage to my hands, do I have any reason to consider pursuing Workers' Comp?

Thank You.

Jes (Massachusetts)

[aaron]

You may be able to pursue a claim for any work-related aggravation of your condition. It will be more difficult if (a) you've never made an injury report at work and (b) the first time you make a claim is after being fired - unless, in an outcome that I think is unlikely, your boss admits to having fired you over your report of work-related symptoms in your hand.

If you wish to make a claim, submit an injury report. Talk to your own doctors about your worsened symptoms and how they relate to your job (as opposed to the natural progression of the underlying condition).

What do you mean, incidentally, by your hands going "completely numb" - carpal tunnel symptoms occur in the thumb and index finger, while ulnar nerve symptoms occur in the pinky, ring, and middle fingers.

[Jes]

Thank you Aaron for your answers. I appreciate the help.

In response to your question - The numbness began in the pinky and has worked along the fingers towards my thumb and also sometimes up my forearm when I'm really feeling it. I have spoken to my hand surgeon from my initial injuries, and he said based on my descriptions, it is carpel tunnel.

I am going to see a doctor asap for a formal diagnosis to proceed upon if need be.

Thanks again.

Jes

[aaron]

To give you a better idea of what I'm talking about, this image demonstrates the parts of the hand controlled by the ulnar nerve:

And this image reflects the parts of the hand controlled by the median nerve and thus affected by carpal tunnel syndrome:

I'm not going to try to diagnose you - that's a long way from my area of competence - but the images may give you a better idea of what's going on. All I can say is I've seen it happen that somebody has carpal tunnel surgery only to discover that the problem is not actually with the carpal tunnel.

[deadlock]

Please go to your employee benefits department a get a claim form to take with you. You really need to have a record made of your supervisor having you perform a job that aggravated a condition that you had already told him/her about.

It's one thing to not be able to perform your job duties. Another to be forced to do a repetitive job that stresses a previous condition. Did you go see the employee health office?

[cnaz]

Although I'm a newbie to workman's comp, for future reference: IF you have a diagnosis and reccomendations such as avoiding repetivite tasks etc, the employer has to make accomodations based on ADA. This may help to avoid getting in this situation in the future.