Occupational Injury-Carpel Tunnel

[msmina1]

What is the name of your state?What is the name of your state?NY
My mother has been working for fouteen years as a cafeteria worker in a private school. For several years she has been suffering from carpel tunnel Syndrom. She's been to a specialist, who told her that the injury she has (Carpel Tunnel Syndrom) is a work related injury. Her job did not want to file the doctors note nor provide worker's comp information. Her job claims that the injury did not occur at work, instead they gave her a temporary disability form. What should she do?

 

[Beth3]

It's not up to your mother's employer to make that determination, nor can they refuse to file a First Report of Injury with their worker's compensation carrier. If your mother has informed them that she/her physician believe her CTS has been caused by her job, then the employer MUST file the necessary reports with their WC insurance carrier.

The WC carrier will then review your mother's doctor's reports, test results, and the physical requirements of your mother's job and make a determination on liability for her injury. If they deny WC benefits, then your mother is free to file for a hearing with her State's WC Division and the State will make a ruling.

If her employer has refused to file an injury report with their WC carrier, then your mom should contact the State Worker's Comp Division directly and inform them of her situation and/or speak with a worker's compensation attorney. She should do this asap.

Your mother's employer is being really stupid. They simply don't have the option of denying her the right to file a WC claim.

P.S. If in the meantime her employer is insisting she fill out the temporary disability form, it's important your mother check the appropropriate box/fill in the proper information. Somewhere where on the form there will be a short question regarding where the injury occured or whether it occurred at work. Your mother should write in/check "at work." (She should also keep a copy of that form before she turns it in in case the employer alters it. I'm not usually this suspicious but based on what has happened so far, this seems like a wise precaution.) If your mother indicates something other than that the injury is a result of her work, that could be used as a reason for the WC carrier to deny her claim.

On the whole, it would be better she not fill out the temporary disability form at all, at least until she has spoken to the State and/or a WC attorney.