Illinois Workers' Compensation Attorneys Blog

In Illinois, Workers' Compensation is available to cover a wide variety of work-related injuries. But what if the work-related accident resulted in the re-injury of an old condition? Would a pre-existing condition or injury mean that a worker can't get the compensation they deserve simply because they had been injured before? The answer is No. If you are injured on the job, that injury is considered a new accident, even if you had a pre-existing condition. Eligibility for Workers' Compensation doesn't end there. Workers can also receive compensation for conditions which are the result of a repeated work-related activity such as Carpal Tunnel Syndrome.

Any job or work-related injury is seen as distinct, so it isn't necessary to prove that a prior injury didn't have an impact on the worker's current condition. From shoveling snow to playing high school football, everyday activities often leave lasting injuries. Even after surgery or other forms of treatment a later sprain, strain or fracture at work can re-injure an old wound. So does that old injury work as a get out of jail free card for an employer looking to avoid paying Workers' Compensation benefits? No, it does not. Illinois law recognizes that workers deserve to be compensated for their injuries and shouldn't be forced to pay their own medical expenses simply because the accident aggravated an old injury. The worker only needs to be able to establish that some aspect of their employment establish a connection - whether it be repetitive trauma or a single, identifiable incident - aggravated or accelerated the pre-existing condition.

But what if the old injury was one for which Worker's Compensation was received? Can the same person receive Workers' Compensation again for the re-injury? The answer is usually yes. The new accident is still a new incident for which Workers' Compensation is available. So a work related re-injury would be its own new Workers' Compensation claim. Workers who repeat the same task frequently are often injured and re-injured in similar ways. The worker has the same rights to compensation for the re-injury that they received for the original injury.

In fact, many of our clients have a medical condition that wasn't even the result of a single injury. Conditions such as Carpal Tunnel Syndrome often arise when a worker repeats the same task frequently. There's no single accident or injury that causes this type of condition like there would be for a sprain or a strain, but the law still recognizes it as an injury deserving of Workers' Compensation Benefits. Illinois law doesn't always require a single event or injury to be proved in order to collect Workers' Compensation Benefits, only that the injury suffered was the result of a work-related activity.

If you have been injured at work, re-injured at work, or developed a work related condition such as Carpal Tunnel Syndrome, contact us today, and get one of our skilled attorneys on your side to fight to ensure that you get the compensation you deserve.

If you are hurt at work in Illinois you should be aware that on June 28, 2011, Illinois Governor Pat Quinn signed into law a number of changes to the Illinois Workers' Compensation Act (HB 1698). Many of these changes take effect beginning September 1, 2011, and will have an immediate impact on your rights regarding recovery for work-related injuries. Included among these changes are provisions about the general compensability of injuries, the type and extent of benefits available, and employers' available methods to dispute treatment.

So what does this mean for you - the injured worker?

Many of the changes are fairly incidental and will not drastically affect your basic right to recover. Benefits are still provided for missed time from work, medical treatment, vocational rehabilitation, and permanent effects of your work injury. However, there are provisions that have materially changed certain aspects of the law that can directly affect the injured worker:

Choice of Doctors
In the past, an injured worker was entitled to two doctors of their choice, and their employer was responsible for payment of all of those doctors' medical bills for reasonable and necessary care, as well as for the bills of any other treaters to whom either of those two doctors referred the worker.
In many cases now that will still be the situation. However, under the new law employers have been granted the right to create a "Preferred Provider Program." Such a program would consist of a list of doctors and care providers, and must be approved by the state. If an employer chooses to institute such a program, the worker must first use one of the employer's Preferred Providers or forfeit their first choice of doctor. In that case, the worker will only be entitled to one choice of doctor and any other care providers to whom that one doctor refers the worker. You should be extremely careful before agreeing to treat with one of the employer's chosen doctors - the doctors on an employer's Preferred Provider list may be biased in favor of the employer and should not be seen. Because declining to treat with the employer's doctors will leave the you with only one choice of doctor, it is important that you contact an Illinois Workers' Compensation Attorney before beginning treatment to review with you your doctors and make the best use of your choice.

Carpal Tunnel Syndrome
Under the new law there is a cap on the amount you can recover for permanency following treatment of carpal tunnel syndrome. However, this does not change the fact that carpal tunnel syndrome can still be recognized as a work-related injury caused by repetitive trauma. Moreover, your employer may still be held responsible for the cost of treatment as well as compensating you for periods in which you are unable to work.

Wage Differential
Wage Differential is an award to compensate an injured worker for a reduction in earning capacity due to their work injury. Under the new law, you may only recover for reduced wages until you reach the age of 67, or for a period of 5 years after the award of such benefits, whichever comes later.

These are just some of the changes in the new Illinois Workers' Compensation law. The legislation itself is long and complex; however, experienced Illinois Workers' Compensation Attorneys are familiar with both the old law and the new law.

If you have been hurt at work, you should contact one of these attorneys today so they can help you to understand your rights and fight to get you the maximum benefits you may be entitled to.

Many Illinois workers have jobs that require constant repetitive activities such as twisting, turning, or typing. Over time, workers with these types of jobs sometimes notice numbness or tingling in their hands and fingers, or muscle weakness. These may be signs of Carpal Tunnel Syndrome. Carpal Tunnel Syndrome (CTS) is a condition where the nerves running to your hand and fingers become compressed. A diagnosis of CTS can lead to a variety of different treatment methods:

Medication - Anti-inflammatory medications are often prescribed in an effort to reduce swelling and alleviate pressure on the nerves.

Injections - Localized injections may also be used to ease the pressure on the nerves and, if successful, minimize or eliminate the symptoms of CTS.

Surgery - If the symptoms of your CTS are constant and not intermittent, it may be necessary to have Carpal Tunnel Release Surgery.

However, CTS is a conflicting area of medicine. It is often disputed between doctors whether a patient's symptoms are caused by CTS, and even if so, what treatment is appropriate. Furthermore, doctors can adamantly disagree as to whether or not CTS was caused by any particular activity, or if it was just a genetic, natural progression.

If you have been diagnosed with CTS and your doctor believes that your CTS was caused by the work you performed, then workers' compensation may be available to provide for the treatment necessary to resolve your pain. A workers' compensation attorney can fight to help you receive that treatment. You are entitled to receive all reasonable and necessary medical care for your work injury, as well as compensation for any time you are forced to miss from work while the injury heals. Taking on the conflicting opinions of doctors to establish that your CTS was caused by your job is just one of the ways that a workers' compensation attorney can aid you in exercising your rights.

For employees suffering from carpal tunnel syndrome there are a number of options. Non-surgical methods are generally the first way to start treatment. However, surgery is often the solution for patients whose symptoms are continuous after many months.

One of the surgical options is commonly referred to as "open surgery." Open carpal tunnel release surgery is when the transverse carpal ligament is cut to release pressure on the median nerve which in turn relieves symptoms. The open surgery is conducted by putting an incision at the base of the palm of the hand. Post surgery, stitches are removed about two weeks after and you may have to wear a brace for a few weeks. Your time off of work depends on whether it was your dominant hand and what activities are required of you at work.

Open surgery requires a longer recovery period than endoscopic surgery because it cuts open the bast of the palm. Endoscopic surgery is conducted through the use of a tiny camera and cutting tool that are guided through small incisions in the wrist. During the surgery, the transverse carpal ligament is cut to relieve pressure on the median nerve. The recovery period for endoscopic surgery is less than for open surgery because it is not as invasive. Just as in open surgery, the pain and numbness may go away right after surgery or it may take several months.

Studies have not found that one surgery is more effective than the other, and the decision to undergo any surgery should be made with your doctor. There are risks associated with any surgery and you want to make sure you are making the most informed decision. Discussing your options with your doctor as well as with your Illinois Work Injury Attorney can help you make an informed decision.

Source: www.webmd.com

You do not have to ignore pain and numbness and tingling just to keep working. Those symptoms in your hand could mean you have carpal tunnel syndrome and more than likely also means you have a claim for workers' compensation.

Carpal tunnel syndrome is when the median nerve becomes squeezed at the wrist. This squeezing occurs because irritated tendons swell the tunnel that the nerve runs through. If this is happening, you may feel pain, weakness or numbness in your hand or wrist, radiating up the arm. Although the symptoms start gradually, as they worsen, you may have difficulty forming a fist or grasping small objects.

Many activities may cause carpal tunnel syndrome; the most well-known being frequent typing at a computer. However, many other work activities may result in carpal tunnel. The best way to determine if you have carpal tunnel is to see your medical doctor.

The best way to find out if you have a claim for workers' compensation as a result of your carpal tunnel is to call your Illinois Work Injury Attorney.

If you are injured while at work, regardless of whose fault it is, you may have a right to compensation. Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job related injuries. Common job related injuries include herniated disc, carpal tunnel and other strains.

Herniated discs can be caused by repeated stress, lifting and violent twisting. Carpal tunnel is frequently caused by repeated use of the wrist and can result in pain and weakness in the hand.

If anything at work has caused you injury or illness then you may be qualified for some type of compensation. Contact your Illinois Work Injury Attorney to find out what options you have.

Carpal tunnel syndrome causes pain, tingling, and other problems in your hand due to pressure on the median nerve in your wrist. Most often these symptoms occur in the thumb, index, middle and half of the ring finger.
This condition can be caused by trauma or by repetitive hand movements or repetitive use of tools in the work place. This is especially true when the wrist is bent down with the hands lower than the wrists.
Sometimes the condition can successfully be treated with conservative measures such as icing the wrist for 10 to 15 minutes or the cessation of those activities (such as prolonged typing) that cause the pain. However, the condition can often require surgical treatment. The sooner the condition is treated, the less risk there is of long-term nerve damage.
When these symptoms present themselves it is important to report it to your employer and seek medical care. If you experience any of these symptoms due to activities in the workplace, please contact your Illinois Work Injury Attorney.

Carpal Tunnel Syndrome is a work place injury caused by the overuse of the hands to perform certain repetitive tasks. If your job duties include using tools or computers repetitively a doctor may determine that your carpal tunnel syndrome is job-related.

Carpal Tunnel Syndrome is caused by swelling, trauma, injury, or repetition. When this occurs the nerves in your carpal tunnel and hand compress. This leads to damage in the muscle, tension in the neck, shoulder, forearm, and hand. A person who has Carpal Tunnel Syndrome feels pain, weakness, numbness, and in severe cases impairment.

If you experience these symptoms, you must report it to your employer. You should also report any pain in your wrist or decreased grip strength. You should seek the care of a doctor to diagnose your injury and consult an experienced Illinois Work Injury Attorney.

The doctor that you see will often determine how successful your claim is. The doctor has to determine that your repetitive work duties were a cause, but not necessarily the sole cause of your carpal tunnel injury.

Workers Compensation insurance carriers commonly challenge the causal relationship between your repetitive job duties and your carpal tunnel injury. An experienced Illinois Work Injury Attorney will ensure that your claim is handled correctly by these carriers.

The American College of Rheumatology states that Carpal Tunnel Syndrome typically affects 4 to 10 million Americans a year. Middle aged to older individuals are more likely to develop the syndrome than younger persons, and females three times more frequently than males.

Research suggests that Carpal Tunnel Syndrome can result from overuse or strain in certain job tasks that require a combination of repetitive, forceful, and awkward or stressed motions of your hands and wrists. Examples of these include using power tools -- such as chippers, grinders, chain saws or jackhammers -- and heavy assembly line work, such as occurs in a meatpacking plant.

Although it's not clear which activities can cause Carpal Tunnel Syndrome, if your work or hobbies are hand-intensive -- involving a combination of awkward, repetitive wrist or finger motions, forceful pinching or gripping, and working with vibrating tools -- you may be at higher risk of developing the condition.

Common symptoms of Carpal Tunnel Syndrome include tingling or numbness in your fingers or hand. Other symptoms include pain radiating or extending from your wrist up to your arm or should or down into your palm or fingers. There is also a sense of weakness in your hands and the tendency to drop objects.

If you have signs and symptoms that might be due to carpal tunnel syndrome see your doctor. If you leave the condition untreated, nerve and muscle damage can occur. To make sure your carpal tunnel syndrome is handled correctly contact an experienced Illinois Work Injury Attorney.

Carpal Tunnel Syndrome is compression of the nerves in your carpal tunnel (part of your wrist and hand). This compression can be caused by swelling, trauma, injury, or repetitive motion. When you have job duties including repetitive use of tools or computers your doctor may be able to determine that your carpal tunnel syndrome is related to your job.
 
Carpal Tunnel Syndrome is one of the most serious repetitive strain injury's. Repetitive strain injury is a condition resulting from overuse of the hands to perform a repetitive task. The results of repetitive strain injury's can often cause damage to the muscle, tendons, nerves of the neck, shoulder, forearm, and hand, which can cause pain, weakness, numbness, or impairment.

Workers Compensation insurance carriers often dispute carpal tunnel claims. They do not want to recognize that causal connection between repetitive job duties and carpal tunnel syndrome. The doctor that you see can often make or break your cliam. We can assist you in helping your doctor understand the legal requirements to connect your injury to your repetitive work activities.

The burden of proof is that your work activities need to be a cause of your carpal tunnel syndrome not the sole cause but only a cause. If you experience hand and wrist pain, loss of grip strength, pain in your wrist, or hands from repetitive work , you must protect your rights by reporting it to your job,seek the care of a doctor, and consult an experienced Illinois Work Injury Attorney.

As a Chicago Work Comp lawyer I have seen thousands of carpal tunnel cases. Carpal Tunnel Syndrome can have a combination of symptoms. There are over 15 different possible work-related contributing factors or causes of carpal tunnel syndrome, people often have a wide variety of symptoms and responses. These symptoms include but are not limited to:

• Restricted blood circulation
• Burning pain that radiates up the forearm
• Difficulty gripping
• Routinely dropping objects
• Loss of feeling or swollen sensations in the hand or fingers

Chicago workers compensation attorneys at our law firm have found there is no cure for carpal tunnel syndrome if it has progressed. If carpal tunnel syndrome is treated early on it can often result in the relief of some symptoms in a few days. Carpal tunnel syndrome is a repetitive stress work injury, this means it often comes back even after surgery. Carpal tunnel syndrome should not be ignored because of the impact you it can have on your ability to work.
If you are experiencing a combination of these symptoms inform your employer and consult a physician immediately. Also consult an experienced Chicago work comp law firm

Carpal Tunnel syndrome is a debilitating diagnosis that results in pain in the hands. Choosing the proper doctor is very important to treat this debilitating condition. Our Illinois Workers Compensation law firm has seen clients treated by chiropractors, orthopedic surgeons, physical therapists, neurosurgeons and neurologists.

Carpal tunnel syndrome is pain, tingling, and other problems in your hand because of pressure on the median nerve in your wrist. The median nerve and several tendons travel from your forearm to your hand through a small space in your wrist called the carpal tunnel. The median nerve controls movement and feeling in your thumb and first three fingers (not your little finger).

Our Chicago repetitive trauma attorneys have rarely seen chiropractors or physical therapist cure carpal tunnel syndrome. We have seen them relieve the symptoms temporarily. Once the pain effects your quality of life often carpal tunnel surgery is the only option. Our experienced Chicago work injury lawyers have achieved tremendous success obtaining workers compensation benefits for those workers who have carpal tunnel symptoms do to an specific or repetitive trauma injury on the job. Our law firms can advise on which doctor are best for you to see with your carpal tunnel.

Report this injury to your employer and consult an attorney that concentrates in Carpal Tunnel Syndrome cases. You have workers compensation rights.

While working at your desk, you try to ignore the tingling and numbness you've had for months in your hand and wrist. Suddenly, a sharp, piercing pain shoots through the wrist and up your arm. Give your job notice of this occurrence immediately. Likely, you may have a work related injury called carpal tunnel syndrome, a painful progressive condition caused by compression of a key nerve in the wrist.

People who do the same movements at work with their wrists and hands over and over may be more likely to develop a carpal tunnel syndrome work injury. Tendon inflammation resulting from repetitive work, such as uninterrupted typing, can cause carpal tunnel symptoms. Carpal tunnel syndrome from repetitive maneuvers has been referred to as one of the repetitive stress work injuries.

Carpal tunnel syndrome usually start gradually, with pain, tingling, weakness, or
numbness in one or both hands radiating up the arm. As symptoms worsen, people might feel tingling during the day, and decreased grip strength may make it difficult to form a fist, tie shoes, pick up small objects, or perform other manual work related tasks.

Report this injury to your employer and consult an Illinois Work Injury attorney. You have workers compensation rights. Contact our office today for a free consultation.