Arlington, TX asked in Workers' Compensation for Texas

Q: If I have had repetitive pain , numbness and tingling in my left wrist, hand , upper arm, shoulder and extreme pain in

Left thumb with it getting stuck with repetitive movements from work for the past yr and I did start seeing doctors for pain off and on and now was diagnosed with tenosynovitis and peritendinitis in the flexor pollicis longus. I did inform of paid serveral times. And, now I was laid off, was told me position was terminated. May I still file claim for worker's comp?

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Absolutely. The insurance carrier (IC) will dispute your claim saying, 1st you did not give timely notice, and second there is no causal relationship between your condition and your job. Do not be discouraged when it is disputed. Hire a skilled lawyer that knows how to handle such cases.

You must report your injury to your employer w/i 30 days of the date you knew or should have known it was related to your job. The appeals panel has most often ruled that date of injury (DOI) on repetitive trauma type of injury is the date you first went to the doctor. If your employer knew that you believed you had an injury it is considered to have "actual notice" and the duty then falls on it to file the proper notices; even if you beg them not to file. Best of luck.

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