Workers Comp Help
Maintenance Job Causing Carpal Tunnel Syndrome
Last November, I was diagnosed with Carpal Tunnel Syndrome through my job as a maintenance worker. It had become so severe, that I was unable to maintain my grip on my tools and when I accidentally released a hammer (sending it flying behind me), I realized I was a danger to myself and fellow workers.
At first my claim was accepted by the workers' comp. insurance company, then my employer fired me (I was still 1 month away from the 6 month probationary period). 1 month later after surgery had been scheduled, the insurance company denied my claim. Since I had been fired from the company, I had no medical insurance either. I hired a lawyer and we began the process of fighting the denial.
At the hearing (which didn't happen until May!), I discovered my lawyer wasn't as thorough as the opposing lawyer. In a previous job as a flagger, I had been diagnosed with bicepedal tendonitis in my shoulder (this caused numbness and tingling in my hand) and was treated for that. Unbeknownst to me, one of the doctors had diagnosed the condition as carpal tunnel. Since he didn't tell me and the insurance company didn't say anything, I was unaware that my numbness in my hand was related to anything besides the tendonitis. That is until the hearing when the opposing lawyer presented us with the information. We were caught by surprise and the company was able to deny our claim based on pre-existing condition.
My lawyer decided to try to go after the flagging company's insurance and we began the process all over again. The hearing wasn't scheduled until November of this year! (It had now been a year since the original injury).
In the meantime, I have been unable to work because of the injury and inability to maintain my grip or to use (now both) my hands effectively. My wife has been working and trying to keep up with the bills (borrowing from our credit cards and relations to keep food on the table and a roof over our heads). Not only is this demoralizing because I can't help, but it is causing a strain in our marriage and we are now facing bankruptcy. I can't sleep at night because of the pain (numbness and tingling sensations), and if I try to do too much around the house, I pay for days with increased pain and numbness.
My lawyer just met with me at the first of November to inform me that he can't get the doctor who caused all this to swear that the injury is work related so we have no case.
He said he was very sorry, but it appeared that I am "one of those cases that falls through the cracks" and there is nothing more to be done. And he has to send us a bill for the doctor's statements!
Now, I am left with two injured hands, no insurance, no job, nobody to help me. There are no surgeons that will do surgery on a payment basis. What do I do? I don't know.
I want so much to get back to work, I feel so useless and frustrated!
The Workers' Comp Ombudsmen in Oregon say there is nothing they can do. I don't know who can help me if anyone.
Thanks for listening.
Rick