Is Your Carpal Tunnel Syndrome Condition Caused by Work?

Is carpal tunnel syndrome caused by work? Well that is obviously a hotly debated topic among medical and legal experts. Different states have different workers compensation laws (work comp for short). Some states say that even if the person has a risk factor for carpal tunnel syndrome (CTS) or a pre-existing condition, and it can be shown that his work activities "aggravated" these conditions, which resulted in CTS, then the courts in these states typically rule in the patients favor. Other states are more strict and say you have to prove that CTS was actually CAUSED directly by work-related exposure.

The other part of the question of "Is carpal tunnel caused by work?"...is how do you prove an employee didn't have CTS before coming to work for that company? With all the disability and privacy laws about medical records it's difficult to get information unless the employee is honest and forthcoming; and sometimes the person may just not have realized they had signs and symptoms of carpal tunnel syndrome in the first place. Unless the employee was diagnosed with CTS, and the employee discloses this to his new employer it may be difficult to prove otherwise, until this information is brought out in court.

When the court tries to determine "Is carpal tunnel caused by work?"...they rely on information from doctors, surgeons, and EMG/NCS tests. Every carpal tunnel work comp case that I have been involved in, the patient has had at least one if not two EMG/NCS tests. They also must look at the employee's previous work history and or any hobbies that may have contributed to CTS.

Again, the problem or question of "Is carpal tunnel caused by work" is difficult to determine if the employee didn't have previous EMG/NCS tests to compare to the current tests.

Occasionally though, an employee will have had a previous evaluation or work-up for CTS and may have EMG/NCS tests. These are helpful, especially to your doctor, because it can help determine (along with history and exam) if the condition is getting worse or not.

It may help the court decide (also along with medical history) if the carpal tunnel symptoms you currently are having were caused by work or possibly caused by some other non-work related factor or medical condition that may need to be treated and before now the employee was unaware of his or her condition!

I hope this gives you some insight on whether carpal tunnel is caused by work or not. I always tell my patients to worry about yourself, your medical condition first!....Get properly diagnosed and treated, then worry about whether your carpal tunnel is caused by work or not.

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Train & Railroad Accidents and Railroad Employees   Jones Act Lawyer - Your Protection   New York Wage and Hour Law   

The Family and Medical Leave Act

Small business owners are faced with a variety of challenges that are simply foreign to their larger counterparts. In a bigger corporate structure, the supervision of financial concerns, human resources needs, and other significant elements of a business operation is typically delegated to separate departments. For most small businesses, however, that level of modular distinction is a prospect in the distant future. Though this can complicate an entrepreneur's life and career simply because it means that he or she must handle so many different tasks, the greater problem is the legal trouble that can arise if a lack of expertise in labor law or other relevant concerns results in violations of the law.

One of the most important laws that a human resources manager (and a small business owner in the early stages) must understand fully is the Family and Medical Leave Act (FMLA). It establishes guidelines for excusable employee absences pertaining to medical illness and family needs, in addition to a number of important specifics about the administration of the Act. Violating the provisions of the FMLA can leave you scrambling to pay for wages and benefits improperly denied, as well as attorneys' fees for the filer of a complaint.

Your Responsibilities under the FMLA

The proper understanding and application of the FMLA is important for a small business owner not simply because it can prevent demoralizing and expensive disputes, but also because the failure to implement it correctly can turn your workers against you. After all, since the Act is intended to grant employees rights in connection with serious illness and other emotionally challenging family needs, there are few who could argue against its principal aims. To keep the goodwill of your employees and to remain on the right side of the law, you should be well-versed in the Act, including the following provisions for employers covered under the law:

Eligible employees are entitled to 12 workweeks of unpaid leave in 12 consecutive months

This leave may be granted for:

     Birth and care of an employee's newborn child

     Adoption of a son or Caring for a newly place foster child

    Assisting with care for one's husband, wife, son, daughter, father, or mother afflicted with a significant health issue

    A condition that prevents the employee from working

An employee must be reinstated in the same or a similar position with "substantially equal pay" upon return

Benefits must be reinstated without lost time

Retaliation for an FMLA request is prohibited

To Be Sure You Are Compliant

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Jones Act Lawyer - Your Protection   

Important Employment and Labor Law Provisions in Los Angeles

In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.

This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any violation. Yet, you may still depend on the expertise of Los Angeles Employment and Labor Law attorneys if, still, you find it hard to handle your situation.

Major Laws Intended for Labor and Employment

The following law provisions commonly apply to employers, employees, retirees, job seekers and other individuals or parties who play a part in the employment sector. This summary is intended to lay down some important information regarding labor law compliance and privileges. For a detailed knowledge about these laws, better read the whole provisions or have a consultation with your employment attorney in Los Angeles.

Workplace Safety and Health

Under the Occupational Safety and Health Act, employers have the general obligation to provide their workers with jobs and workplaces, which are free from any identifiable and serious risks. Any violation regarding this provision may be brought up to the Occupational Safety and Health Administration, which is the agency tasked to implement injunctions for such non-compliances among the public sector employees.

Worker's Compensation

Federal employees may take the advantage of benefits payments due to loss of wages caused by their total or partial disability. This also includes payments to cover other related medical expenses and vocational rehabilitation. The Federal Employees' Compensation Act applies to those workers who have obtained disability or died in performing their duties.

Among other statutes related to Worker's Compensation are:

Longshore and Harbor Workers' Compensation Act - maritime employees Energy Employees Illness Compensation Program Act - Department of Energy employees Black Lung Benefits Act - coal miners Wages and Hours

The Fair Labor Standards Act covers both private and public employers. This particular law sets the standard of paying wages as well as overtime hours for covered workers. Added details about this statute may be obtained from the Wage and Hour Division of the Employment Standards Administration, which administers the act.

Employee Benefits Security

Another useful law that regulates pension and welfare benefit plans offered by employers to their workers is the Employee Retirement Income Security Act or commonly known as ERISA Law. This requires various conditions regarding employees' pension and welfare benefit plans and other related issues. The agency regulating this act is the Employee Benefits Security Administration.

Family and Medical Leave Act

This Labor Law provision compel all employers with at least 50 workers to provide up to 12 weeks of unpaid leave to qualified employees without the threat of reassignment to other job position. Employees may take their unpaid leave for these causes:

Giving birth Taking care of a newborn or adopted child Caring for spouse, children or parents having serious illness

These are just some of the important Employment and Labor Laws. If you feel that your employer has violated any of these provisions, act immediately and seek the aid of your Los Angeles Employment and Labor Law attorneys. You may be entitled of compensatory damages or recoveries.

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Jones Act Lawyer - Your Protection   

French Vs American Labor Law and Policy

U.S. Public Sector Labor Policy

The public sector comprises the largest section of organized labor in America and continues to grow. Educators, nurses, police officers, and government employees have become heavily unionized or involved in other professional organizations. Although most of the major pieces of labor legislation exclude public employees, they will be increasingly important to understand them as governments continue to outsource administrative, strategic, and other professional work.[1]

Employees who engage in collective bargaining use a variety tactics causing slowdown, shutdown, or sick-ins. While the private sector can absorb these tactics, the public sector cannot. Often, key employees such as police or firefighters will strike at critical times, putting the public at a severe detriment for their own greed. Millions of dollars and lives are in the hands of Americas civil servants, thus effective public policy affecting collective bargaining is important to the success of the nation. The largest public sector union is organization is the American Federation of State, County, and Municipal Employees (AFSCME) which covers employees of local and state governments, has a membership of 1.3 million and dates back to 1936.[2] Unionization is strong at this level with some 60 percent of eligible public employees belonging to a union or other professional organization. [3].

Putting U.S. Public Sector Labor Policy on the Agenda

The issue has been put on the national agenda because of the ability for public sector unions to mobilize a bloc vote and the threat of a strike should they become unhappy with using political conditions. Public employees have bolstered their organization for both reasons involving pay and working conditions. Safety has always been a key bargaining point for many unions, especially those in hazardous occupations. Strikes are very dangerous to the public sector because they often involve first responders or employees in key positions.

For example, in 1981 13,000 professional air craft controllers belonging to PATCO went on strike attempting to leave planes to their own devices and guidance causing what could have been a national emergency, simply because they wanted better wages. President Ronald Reagan quickly fired over 70 percent of them sending a clear warning that a strike of this magnitude would not and could not be tolerated by the American Public.[4]

Key Actors Shaping U.S. Public Sector Labor Policy

Since the early 1960's federal employees have been able to organize and engage in collective bargaining through an executive order issued by President Kennedy which granted federal employees the right to unionize and engage in collective bargaining. [5] This is a statement that while congress is not a key actor in shaping labor policy for the public sector, the executive branch is. However, the Presidents role in shaping labor policy changes whenever the turnover in the office occurs. Different Presidents simply have different policy prescriptions to unionization problems.

Individual states are largely responsible for state, county and municipal employee union policy and here, the state legislature does have considerable power in shaping public policy regarding unions. Many states have rejected the rights unions under what is called the privilege doctrine, it states that: employment in government is not a right but rather a privilege.[6] This is legally defensible and rooted in common law.[7] Under the Minnesota Labor Relations Act, employers cannot intimidate or discourage union activity employees have a limited right to strike, an employer cannot institute a lockout which involves locking employees out from work, or take action against an employee for being involved in a union or other collective bargaining agency.[8]

The Future of Public Sector Labor Policy in the U.S.

Certain government employees are very difficult to replace while others can be outsourced. For example, should all the firefighters strike during a crop burning that leads to massive damage, perhaps they should be held liable for damages. In the private sector, unions and management act in an adversarial system, but in the public sector this is not so. This could mean that a manager is less likely to fire an employee simply because he is a member of the union. This leads to retention of incompetent employees and government ineffectiveness.

This is a crisis that many future administrators will face and learn to deal with. As the public sector unionization rate continues to increase even while its private counterpart decreases, key actors in public policy must began to look at how to best shape U.S. public policy to deal with public sector unionization.

Current labor policy is likely to continue at the federal level, at least until a President with an active interest in changing it emerges. However at the state level, change happens all the time. States are laboratories of democracy and can shape policies affecting those in their employ. One thing to bear in mind is that there is not a substantial labor party in the United States and this will always hinder union activity as it has less of a voice at the table.

French Public Sector Labor Policy

The French public sector is alive and very strong, with a threat of a strike looming from many areas of the public sector at all times. It is the largest sector of labor in France and unlike America; government is considered an honorable and coveted profession. In the face of recent threats of public sector work stoppages and possible violence, French President Nicolas Sarkozy has tried to keep the nation calm. "I say to everyone-be very responsible, be very calm and show a great deal of composure...This country does not need violence, manipulation on top of all the other problems it has.

However, his speeches will not make transportation systems run when they are thrown into "nationwide chaos" by disgruntled unions this fall.[9] Unionization is 5.2 million strong in France but is comprised of trade unions that are aligned under loosely under a variety of different political terms.[10] The public sector has a sense of elitism that separates it from its would be comrades in the other trade unions, however, certain events or disturbances will cause the unions to form temporary alliances and fight a common cause.

Putting French Public Sector Labor Policy on the Agenda

Part of the reason that unions are reacting so severely to is the recent public policy announcement from President Sarkozy to cut 22,000 jobs in the public sector.[11]

The French economy simply cannot afford to support needless jobs and over-inflated unionization of public sector. President Sarkozy stated that he does not want to eliminate the bureaucracy; rather he wants to make it better and sharper. "I want a public service that is smaller, better paid and with better career prospects", he said.[12]

The political movement in France has been a conservative one for some time. It has taken over what was a socialist regime and has made strides against a resistant public sector that is use to bloated salaries and comfortable benefits.[13]

Key Actors Shaping French Public Sector Labor Policy

The key actors shaping French labor policy in the public sector are clearly the public sector, the Executive branch and to some extent the news media. Depending on how closely the unions choose to unite, they can be quite a formidable force, they have been in the past and will probably continue to be in the future. However, the Executive also sets the policy of for the nation and under former liberal and socialist regimes, policies were much more union friendly then they are now.[14]

The media chooses which side to take on the issue and while it seems that the mainstream media sources, such as the BBC, have become turned off by unionism and complaining of public servants, there seems to be a strong underground current of socialist literature that floods the web tends to defend unions and civil servants. This could also mean that the socialist party is a key actor in shaping French labor policy in the public sector as it was for some time.

The Future of Public Sector Labor Policy in the France

France is headed for a number of years that will be riddled with strikes and economic uncertainties. There exists a strong socialist culture in the public sector of France, yet there is currently a conservative administration, these two actors are clearly at odds with each other.

The outcome of the policies of the Executive will depend on whether or not the unions can build coalitions, remain strong through considerable economic strife, and regain the news media on their side. If they fail, then the executive will be successful in breaking them and the strategy of not caving in to demands will work, if they are successful, then the Executive strategy of non-cooperation will fail.

One of the two sides must break and whoever has the news media on theirs will be better suited to win this battle. Thus the policy could either remain very conservative or gradually move back towards socialist ideas. In a state on its fourth constitution, anything could happen!

Similarities Between U.S. & French Public Policy

Both France and the United States had strong Executive control over labor policy in the public sector. It seems strange the Legislative branch has very little say in the arena of the public sector in either nation. While Congress has had a large impact on unions in the private sector, it has had almost none in the public sector and is rarely even cited, the same applies for France as their private sector unions are fairly weak.

Historically, both countries have had strong public sector unions however; the massive backlash that the unions in France are facing now, already hit the American public sector in the 1980s. This has allowed for the French public sector to continue union militancy through strike and shut down, but forced U.S. civil servants to learn political tactics of achieving their goals and surviving.

U.S. Presidents and French Presidents have handled the situation much the same way, but as said, the U.S. went through it in the 1980s and France did not really start going through it until the mid 1990s. The tactics are basically the same, both countries have taken a zero tolerance policy to striking and stuck with it, and it seems to be working. Eventually, Unions in both counties will have to find new ways to survive in increasingly conservative administrations and less public support for their causes.

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Jones Act Lawyer - Your Protection   Train & Railroad Accidents and Railroad Employees   

State Labor Law in Rhode Island

Rhode Island is an ecstatic state located ideally in the New England province of the United States of America. It is the smallest state in the United States in terms of the area it covers. This state is often referred as "The Ocean State". State labor laws have been adopted in this state too. These laws have been implemented to preserve the rights of workers in this state. If you are an employee in this state then you must go through the state labor law in Rhode Island.

Now, let us study few important things regarding state labor law in Rhode Island:

1. Employment / Hiring Law Under the hiring law in Rhode Island, an employer cannot appoint a worker on the basis of reasons other than his qualifications. He cannot be appointed on the basis of his caste, creed, religion, sex or any other personal attributes. An employer is also not allowed to ask any questions to the employee. He cannot ask questions that might hurt the feelings of the individual. However, he is allowed to ask any type of questions that are necessary to judge the character of the individual.

2. Child Labor Law Under the child labor law in Rhode Island, all the children under the age of 18 years cannot work more than 48 hours a week and children below the age of 16 years cannot work more than 40 hours a week. The children under the age of 18 years are not allowed to work after 11:30 pm before a school day and the children below the age of 16 years are not permitted to work after 7 pm during school days. These are some of the most important laws regarding child labor law in Rhode Island.

3. Employment At Will Under this law, any employer could terminate you any time without any prior notice. But if you are working under any sort of employment contract then you can only be terminated on the basis of reasons mentioned in your contract. If an employer terminates you on the basis of reasons other than the ones mentioned in your contract then it is considered to be illegal.

These are some of the most important points regarding state labor law in Rhode Island. Make sure you go through this article once.

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Jones Act Lawyer - Your Protection   Train & Railroad Accidents and Railroad Employees   New York Wage and Hour Law   

What a Workers Comp Lawyer Can Do For You

To start with, workers compensation is a form of insurance that most employers carry for their employees. This insurance covers the employee's expenses and lost wages if they get injured at work or suffer from a job-related illness. On-the-job injuries or illnesses that occur due to employment are also known as workman's compensation injuries. The law states that when people are injured at work, they are entitled to assistance from a workers comp lawyer. Examples of job-related illnesses and injuries include cuts, burns, sprains, back strains, neck pain, shoulder pain, headache, knee problems, broken bones, heart attacks, wrist injuries, hypertension, carpal tunnel syndrome, and illnesses that relate to environmental conditions.

You should hire a workers comp lawyer if you get injured at work. However, before you hire an attorney, you should report the injury to your manager or supervisor. You will be required to fill out paperwork that documents how the injury occurred. Be as detailed as possible because you may forget what happened in the future. Your employer will send you to a doctor to get treated.

So why should you hire a workers comp lawyer? If you have an injury that is taking too long to heal or if it requires a lot of therapy, you are probably taking a lot of time off work. You can recuperate lost wages by hiring a good workers comp lawyer.

A workers comp lawyer can reduce your stress and improve the quality of your life. Experienced lawyers know the laws and they will negotiate with insurance companies for you. They will make sure you get paid for lost wages, medical expenses, pain, and suffering.

You can find an affordable lawyer. Many lawyers offer free consultations and some only charge fees if the case is won. This is also known as handling cases on a contingency basis.

If your employer is at fault for your injury or illness and if they did not look out for your best interest, you should do something about it. A good lawyer will help you reach an agreement with your employer and he can help you win settlement money.

If you are not sure whether or not you have a strong case, consult with a lawyer. A lawyer can evaluate your situation and help you build a case. There are many affordable lawyers out there, so don't worry about the costs. A competent lawyer can also provide you with expert legal advice and they will guide you in the right direction.

If you already filed a claim and it was denied, you should consult with a workers comp lawyer immediately. Your lawyer will fight for you and make sure you get paid for the injury or accident. You have nothing to lose, so it is worth it to find a good attorney.

Are All Your Workers Correctly Insured Under Workcover?   Are You Entitled to Law Enforcement Officer Retirement?   Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights   Jones Act Lawyer - Your Protection   Train & Railroad Accidents and Railroad Employees