California Employment Law

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I had a nerve test on my left arm on January 11, 2016 & it…

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I had a nerve test...
I had a nerve test on my left arm on January 11, 2016 & it revealed I have carpal tunnel syndrome in my wrist, tennis elbow & a severely pinched ulnar nerve in my elbow. I'm in constant pain--throbbing in my elbow. I have been doing computer work as my occupation for well over 20 years now. At one point, I worked 187 days straight without a day off including XMAS & New Year's Day. I worked 70 hour work weeks then. There is no doubt that my left arm problems have been caused by working on a PC for years.
I'm also having numerous issues with nerve damage in my left shoulder & muscle spasms in my left shoulder--also work-related. I have been undergoing physical therapy on my left shoulder for months on end. I have been paying for all of the expensive treatments out of pocket, but I feel I should file for worker's compensation. I also had three herniated discs in my neck from overextending it in front of a PC for years & had surgery to repair two of them. I want to handle this right, but want to consult with an attorney first.
My employer's headquarters is in L.A., CA & I work from home in Dallas! I am 56 years of age & have worked hard all my life, but this PC work is adversely affecting my health & will most likely shorten it if I don't take action. How should I do this? I don't want to make my employer upset, but I feel I don't have any choice. I am a college-educated professional with two degrees with honors, but I can't continue to go on this path of ruining my health. Please advise. Thank you! Steve McKenzie
Submitted: 2 years ago.Category: California Employment Law
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Answered in 1 hour by:
2/8/2016
California Employment Lawyer: Asad Rahman, Lawyer replied 2 years ago
Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 2,429
Experience: Practicing Attorney with 10 years experience
Verified

Steve: I am really sorry to hear this. I live in Dallas too. You will need to try to file for workers compensation in order to get these costs covered or at least ask your employer for health coverage if you do not want to antagonize them. I believe you would need to file in Texas since that is where you work. If you have specific questions feel free to post them here or we can talk via phone for an additional charge.

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Customer reply replied 2 years ago
Not sure if I sent my follow-up questions to you via email--which apparently doesn't get to you. I live & work in TX & my employer is based in the L.A. area of CA. Do I fill out a Texas Worker's Comp form? I'm facing several surgeries on my left arm/elbow & live in constant moderate to severe pain. Can I find Worker's Comp doctors on my own & go to them or does my employer dictate who I see for treatment? My employer must have Worker's Comp insurance, but how much (estimated) will come out of their pocket if I get two surgeries? I'll also be off work for about two months the way it looks & they don't have short-term disability insurance, so unless I do Worker's Comp, I'm going to incur $4,000 in medical bills & about two months of lost income--or about $12K. With medical & lost income, I'm looking at a net loss of at least $16K. The $4K medical is my out-of-pocket annual maximum. I must pay 20% of the surgery cost up to $4K. Thanks for you help. Steve M.
California Employment Lawyer: Asad Rahman, Lawyer replied 2 years ago

Steve: My apologies I was away from the computer all day. You would file in Texas since that is where the injuries occurred. You generally have to follow the guidelines and providers the employer recommends which is my understanding. I cannot estimate how much would come out of pocket but it should all be reimbursable. Missed time from work should also be covered under their worker's compensation insurance.

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California Employment Lawyer: Asad Rahman, Lawyer replied 2 years ago

If they do not respond or are not covering all of your losses then you would need to retain an attorney who specializes in worker's compensation to be sure they do not take advantage of you and that all costs are covered. Hopefully you will not need to get to that point.

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