Is Carpal Tunnel Covered by Workers’ Comp in Virginia?
Numbness, tingling and weakness in your hand and wrist can make it hard to do your job, or anything else. If you believe your work caused your carpal tunnel syndrome, you may be able to get Virginia workers' compensation benefits. But carpal tunnel claims are among the hardest to win, and insurance companies know it.
Whether your claim succeeds depends largely on one question: did your carpal tunnel come from a sudden accident, or did it develop gradually over time?
Two Ways Carpal Tunnel Can Be Covered in Virginia
Under the Virginia Workers' Compensation Act, a carpal tunnel claim has to fit into one of two categories.
1. Injury by Accident (Sudden Trauma)
If your carpal tunnel is the direct result of a sudden, specific workplace accident, it is covered like any standard workplace injury.
Example: A heavy box falls on your hand, breaking your wrist and immediately compressing the nerve.
2. Ordinary Disease of Life (Gradual or Repetitive)
If your condition developed slowly over time from repetitive tasks, Virginia classifies it as an "ordinary disease of life." Common examples include:
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- Data entry and other constant keyboard work
- Assembly line work
- Scanning items, such as at a checkout or in a warehouse
- Using vibrating tools
This second category is where most carpal tunnel claims fall, and where the law sets a much higher bar.
Why Repetitive Carpal Tunnel Claims Are Harder to Win
In most workers' compensation cases, an injured worker only has to prove the injury is related to the workplace accident by a preponderance of the evidence. Put simply, that means it's more likely than not that the accident caused the harm.
Gradual-onset carpal tunnel is different. You must prove your case by clear and convincing evidence, a much higher standard than for most other injuries.
The reason is that carpal tunnel can also come from everyday life outside work, such as:
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- Hobbies like gaming, knitting or gardening
- Genetics
- Other medical conditions
Because there are so many possible causes, expect the insurance company to fight your claim.
What You Need to Prove a Repetitive Carpal Tunnel Claim
To meet the clear and convincing standard, your claim generally needs three things:
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- A specific diagnosis. Your medical records must specifically diagnose carpal tunnel syndrome. General wrist pain or numbness isn't enough.
- A clear causation opinion. A medical professional must state definitively, in writing, that your job duties were the primary cause of the condition, and not outside factors.
- Exclusion of outside causes. You must show your carpal tunnel did not result from repetitive activities, hobbies or medical conditions outside your job.
How to Protect Your Claim
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- Tell your doctor exactly what your job involves: the motions, the hours, the tools and how long you've done it.
- Be honest about your hobbies and medical history. Your doctor needs the full picture to give a strong causation opinion.
- Ask your doctor to put their opinion about your job and your condition in writing.
- Report the condition to your employer, and talk to an attorney before speaking with the insurance company.
Talk to a Virginia Workers' Comp Attorney
If you believe your carpal tunnel came from your work, contact us for a consultation before speaking with the workers' compensation insurance company. Thomas & Thomas Law offers a free consultation. Call 540-613-8616 or fill out our Workers' Comp Consultation Form.
Related: Virginia Workers' Comp FAQs · Virginia Workers' Compensation Attorney
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