QUESTION

Do I have a case for repetitive motion injury?

Asked on May 09th, 2013 on Personal Injury - Georgia
More details to this question:
While working at UPS in 2004- 2009 I suffered from continuous back pain and was treated by my MD. Just months after quitting UPS I suffered a rare condition called Thoracic Outlet Syndrome which is said to be caused by repetitive motion. I was very sick with pulmonary emboli and eventually had rib removal surgery to correct the problem. Since then, I have had serious back issues for which I have sought medical care including PT and acupuncture. My condition is now bad enough to warrant surgery in the very near future. I am only 27 years old and far too young to be suffering this way. Do you think I have a case against UPS? What type of attorney should I seek for legal advice? Thank you in advance for your response.
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13 ANSWERS

From what you described it appears you may have a workers compensation claim against UPS. You generally have three years from the date of injury to bring a claim in Pennsylvania. There are also other notice requirements that you must comply with. Since you stopped working at UPS in 2009 you are likely unable to now bring a claim. In any event, you should sit down with a qualified workers? compensation attorney to discuss the details of your injury.
Answered on May 15th, 2013 at 5:45 AM

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Thoracic outlet syndrome is not a rare condition. Hair dressers and those working in the cosmetology profession get it quite often. Over the past thirty years I've had no fewer than 15 clients who have been diagnosed with the condition. It's a thickening of the cartilage between two ribs where the nerves exit the spine at about C-5-8 and T1. As a result of the cartilage involvement pressure is put on the nerve causing the symptoms. I've been told by physicians it has to do with the way the worker holds and uses their elevated arms. Like a hair dresser and the way they hold their arms while cutting hair. You postal service job may or may not be related to the cause. I'd have to know more about your job, job description, your height, weight, actual job duties for you and how you did and over how many years you did this particular work. In Iowa all workers compensation benefits are driven by expert medical opinion. You and I can describe and debate it all day, but in the end it's meaningless. What is meaningful is whether or you I as the attorney can come up with a credible medical opinion supporting causation. Causation of course is the connection between the work and that activity causing the medical condition to develop. Enough said, you need an attorney so go hire one on a contingent fee basis.
Answered on May 14th, 2013 at 7:32 AM

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Litigation Attorney serving Jackson, MS at Derek L. Hall, PLLC
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Your only remedy against an employer for work related injury is through workers compensation. If you last day on the job was in 2009, you may have an issue with the statute of limitations. Consult a competent attorney immediately.
Answered on May 14th, 2013 at 6:46 AM

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You need to see an applicant's Workers' Compensation attorney, but normally a claim must be made within one year of the injury [extended if received any WC benefits].
Answered on May 14th, 2013 at 5:04 AM

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Lisa Hurtado McDonnell
Sounds like a workman's compensation case.
Answered on May 14th, 2013 at 4:08 AM

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James Eugene Hasser
For purposes of this question, I am going to presume you were a UPS employee and not an independent contractor. If your Dr is willing to testify under oath that he believes your condition is work related, you may have a comp claim. You would want to talk with a worker's compensation lawyer. Good luck.
Answered on May 10th, 2013 at 2:28 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Assuming that your doctors will state in writing that your condition was caused by your work, you have a Worker's Compensation claim. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of.
Answered on May 10th, 2013 at 2:28 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your real problem is time. 09 was 4 years ago. If you had a problem that was work connected you should have moved forward quickly. For whatever reason you have not. See a worker comp lawyer to review.
Answered on May 10th, 2013 at 2:24 PM

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Ronald A. Steinberg
You need a workers compensation lawyer who specializes in USPS cases. There is one in Cleveland, though I cannot recall his name.
Answered on May 10th, 2013 at 2:20 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You should seek a workers compensation attorney. I fear that it may be too late to file a claim, but you can discuss it with a workers compensation attorney.
Answered on May 10th, 2013 at 2:16 PM

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Workers Compensation Attorney serving Torrance, CA at Law Office of William S. Lindheim
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I am sorry to hear that you are suffering what we call a "continuous trauma" type of injury. If you elect to do so, you may seek the help of an attorney in workers' compensation law which is the type of law that I practice. I believe that you have a good case because the nature of the work was likely to be arduous. You are entitled to medical care at the company's expense and then any disabilities resulting from the work. If the doctor puts you off work, you can collect temporary disability and if the doctor issues a final report on your level of impairment, you can collect some permanent disability related to you injuries. A case can range from one to 3 years on average.
Answered on May 10th, 2013 at 2:09 PM

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John Hone
Contact an experienced workers compensation attorney in Michigan.
Answered on May 10th, 2013 at 2:07 PM

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Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
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In Georgia, if you have a claim at all, it will be a workers compensation claim, as employees are barred from suing their employers for injuries that occur within the course and scope of employment, except employees can bring workers compensation claims (which are entirely different than personal injury claims). I recommend you contact an attorney who practices workers compensation specifically, not just personal injury. Good luck.
Answered on May 10th, 2013 at 2:07 PM

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