Do you know the phrase “the burden of proof”? It is something we often associate with criminal cases, and relates to “innocent unless proven guilty”. However, did you know that any personal injury claims or cases in Las Vegas also require you, if you are the one injured, to be able to prove that your injury is due to the negligence or carelessness of another?
Carpal Tunnel Confusion
This is just as true of incidents like car accidents and slips and falls as it is of workers’ compensation claims. And among the workers’ compensation issues where the burden of proof can be toughest is the issue known as carpal tunnel syndrome.
This is a peculiar, and surprisingly common, condition in which nerves and tendons that help to move the fingers are compressed. The result is numbness and even pain or weakness in the wrist and hand. Usually, it is described as a repetitive stress injury and can be due entirely to the way you are forced to use your hands on the job.
As an example, a construction worker may be required to use tools that cause ongoing and constant stress and compression to the wrists and the carpal tunnel area. A factory worker may experience the same challenges, but even people who operate machinery that is out of date or malfunctioning in some way might find themselves suffering this injury.
Is it a disabling condition? Whether it manifests as a bit of weakness in the hands or shows up as a full-blown case of inflammation and loss of feeling or constant pain is irrelevant. If you are tasked with certain procedures or processes at work, and it leads to this stress based condition, it is workers’ compensation that must apply.
However, this is when it is time to consider your realities because it is going to be up to you to prove to the insurance company that you deserve workers’ compensation to cover the treatment needed, the time off to heal, and any support required afterward. To do that means proving that it was something that happened to you on the job.
Now, you might think that this is supremely easy, but workers’ compensation cases in Las Vegas are just as challenging as they are anywhere else. The insurance firm for the employer or group that you work for (when the injury occurred) does not want to pay out excessive sums. They will try to uncover if you have any outside hobbies or activities that could have led to the condition.
For instance, are you a gardener, bowler, or DIY person who is busy every weekend? Each of these “hobbies” could be blamed for your carpal tunnel syndrome, and it is likely that the insurance company may take steps to uncover such activities.
What can you do? The smartest step is to discuss the entire issue with a skilled personal injury and workers’ compensation attorney as soon as possible. This is someone who understands the Nevada laws associated with such issues and they can help you establish fault and get the support you need to heal.