April 6, 2003
Q. I was employed by a company for more than 10 years and was required to use a computer most of the day during that time. Recently
I was laid off. During my last years there, I noticed significant pain in my right forearm but never associated it with my work. I
just recently went to the doctor about this pain, and it was diagnosed as carpal tunnel syndrome. Since I believe this injury to be
a direct result of my job, do I have any right to compensation from my old employer?
A. Diane A. Seltzer, a Washington lawyer who has represented corporations and workers in employment disputes, said this person has a
chance to win a workers' compensation case but faces some hurdles. Seltzer said workers' comp "covers occupational diseases and
accidental injuries," so carpal tunnel syndrome would be included. But she said there are deadlines for filing a claim -- two years
in Virginia and three years in the District and Maryland -- "from when you knew or should have known of your injury."
"I would advise him to file a claim because he has nothing to lose," Seltzer said. "If the physician gives him a statement that the
causation of the carpal tunnel syndrome was the work he did, i.e., the use of the keyboard, that's going to be a good case."
But from a legal perspective, she said, the timing of the complaint would raise concerns. "Did he have pain and didn't seek treatment
for it? Why didn't he go to a doctor" while still at the company? Perhaps his pain was not significant enough at the time to seek
medical advice, she suggested.
Moreover, Seltzer said, "people do use computers in their personal lives. Was [the pain] caused at work or by staying up all night on
the computer, or was he engaged in some other activity that could give rise to the same condition? These are questions I know the
company will be asking. When people use computers so seamlessly at work and home, it's hard to know where [an injury] might have occurred."
Despite her misgivings, Seltzer said the worker should realize that if "you don't ask, you don't get." But she said the worker has to
be sure to find a physician who is confident in diagnosing carpal tunnel syndrome and in tracing it to the use of a computer at work.
Copyright The Washington Post Company, April 6, 2003