For many office workers, on-the-job injuries are not a primary concern. But even though you might be sitting at your desk all day, that doesn’t mean you aren’t at risk of hurting yourself. Your injuries won’t be as dramatic as they might be in another job, but they can still cause ongoing problems and distress. The most common injury that office workers suffer is carpal tunnel syndrome. This is a repetitive stress injury in your wrists that comes from poor posture or strain on your wrists while typing. Depending on your circumstances, you may be able to receive compensation from your employer by filing a carpal tunnel lawsuit.
Here are the criteria you will need to meet to successfully file a carpal tunnel lawsuit.
Medical Diagnosis
To start, you need a confirmed medical diagnosis of carpal tunnel syndrome. Typically, this involves an examination by a medical professional. It may also include additional tests such as nerve conduction studies or imaging.
Established Causation
When taking legal action for any injury, it is essential to establish causation. That is, you need to be able to show that specific work-related activities or conditions caused your carpal tunnel syndrome. Generally, you have to demonstrate that your job duties or working environment contributed to the development or worsening of your condition.
Employer Negligence
In addition to showing that your work duties contributed to your carpal tunnel syndrome, you also need to show that your employer neglected to provide a healthy work environment. There are multiple ways you might demonstrate this. The most common include that they failed to implement ergonomic measures, neglected to provide appropriate training or equipment, or ignored complaints or concerns about work-related risks.
Timeliness
When filing a carpal tunnel lawsuit, you have to do it in a timely manner. There is a statute of limitations that determines how long after an injury you can file a claim. This helps to prevent litigiously-minded people from filing frivolous lawsuits that are nearly impossible to prove because too much time has passed. An attorney will advise you about the deadlines that apply to your case depending on your jurisdiction.
Damages
Finally, to pursue a lawsuit, you must be able to show that you suffered damage because of your carpal tunnel syndrome. These damages can include medical expenses, lost wages, pain and suffering, potential future medical costs, or loss of earning capacity.