Anyone have experience with dealing with RSI/carpal tunnel? | GTAMotorcycle.com

Anyone have experience with dealing with RSI/carpal tunnel?

油井緋色

油井緋色

Well-known member
Site Supporter
My fiancee has gotten a severe form of RSI due to really ****** ergonomics at her workplace (Costco.) I know it is bad ergonomics because I had RSI in the past for the same reason and when I told my employer they immediately did something about it.

Costco, on the other hand, has done jack ****. She's had to take leave due to pain and is being unpaid. We've contacted WSIB who said they will likely not cover this as "it is your employer's responsibility to ensure ergonomics are okay."

She has contacted the head of her department who has done nothing. Their "health and safety rep" got the "meat manager" to do an "ergonomic assessment" which resulted in even more pain.

Doctors have pointed out that it is obviously nerve compression.

At this point I am at a loss for what to do so I turn to you guys who are older and wiser.

Can we sue Costco? And is there anything we can do prior to that step?
 
Last edited:
Sue the employer? Hopefully she dots her i's and crosses her t's for the rest of her career there or shes toast. I wouldn't imagine she'd find much luck in the industry after word gets out as well.

Sorry to hear about the health issues though.
 
油井緋色;2560204 said:
We've contacted WSIB who said they will likely not cover this as "it is your employer's responsibility......
Click to expand...

It's your employer's responsibly to keep everything as safe as possible. If, and when an injury occurs, it's WSIB's responsibly to take care of lost wages, prescription drugs, therapy, surgery, and whatever else is deemed to get the injured worker back on the (a) job.
If this claim has been denied, get to a WSIB lawyer asap.
 
WSIB was set up so the employee didn't have to sue and can't sue for a workplace injury. That's why anyone working on your property should have WSIB coverage. If they get hurt any compensation is between WSIB and the injured worker. In theory it is good for everyone. In theory only.

In reality money talks and an employer with a fat wallet is a drain on WSIB's resources so the WSIB may cave in if they see a tough fight. It can be blamed on genetics, hobbies or lifestyle. WSIB doesn't want to pay a claim or for a fight and the employer doesn't want an injury on their record that increases their WSIB rate.

Re "it is your employer's responsibility to ensure ergonomics are okay."

It's also the employer's responsibility to ensure carpenters don't cut their fingers off but if they do WSIB pays out, the employer gets a rate increase. The difference being the direct cause.

Employers don't like ergonomics because not everyone fits the same chair, desk, keyboard etc and they don't want to tailor a solution to each person.

There are ambulance chasers that go after these cases but I don't know how much they charge or how much of the winnings they keep.

FWIW one good thing about my wife's employer is that when she complained they brought in a furniture expert and got her a chair / keyboard setup that resolved the issue.

Does the Ministry of Labour have any info?
 
Why are you contacting WSIB?
Go to a doctor, get the diagnosis and fill out an accident/injury report.
File a claim.. The response to a proper claim will probably be very different than what they say to some random caller over the phone.
 
raginduck said:
Why are you contacting WSIB?
Go to a doctor, get the diagnosis and fill out an accident/injury report.
File a claim.. The response to a proper claim will probably be very different than what they say to some random caller over the phone.
Click to expand...
^^^+1
OHSA
[h=4]Additional duties of supervisor[/h]
(2) Without limiting the duty imposed by subsection (1), a supervisor shall, (a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; (b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and (c) take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27.​
 
Any chance she can switch hands? I'm now ambidextrous with a mouse b/c of carpal tunnel. Took a bit of learning but it was worth it.

Edit: Also try if Physiotherapy can help.
 
Last edited:
油井緋色;2560204 said:
She's had to take leave due to pain and is being unpaid. We've contacted WSIB who said they will likely not cover this as "it is your employer's responsibility to ensure ergonomics are okay."

********
Taking time off for a work place injury is a recordable Lost Time Injury in WSIB language. If there is a nurse, she should tell the nurse before she takes time off. Or tell the safety rep. She must make employer aware that she is not working due to injury from work. Be specific and say "I can't work today b/c my hand hurts from using that keypad" etc. Then go to the doctor when she's off and get a written note documenting the purpose of the visit. Make sure she gets the doctors note every time. Then when she returns to work, submit the note even if Costco is not asking for it.
I would be very surprised if Costco lets her hand in more than two notes without trying to correct the situation.

*******
She has contacted the head of her department who has done nothing. Their "health and safety rep" got the "meat manager" to do an "ergonomic assessment" which resulted in even more pain.
********
Give them another chance and call them again. Maybe they made a mistake in calculation. You have to be proactive and participate in the process. The process continues until a satisfactory resolution is reached. Pushed to the extreme, alternative work will be provided which will accommodate your restrictions. Or they can pay her to sit at home. ...and report to WSIB that she's sitting at home.
Click to expand...

I work in an unionized environment and they're following the WSIB process to the letter.
I'm sure Costco is large enough to have a clear understanding of the WSIB process. Maybe they just need a little poke to get them to move in the right direction.
 
Get a lawyer. He will send a letter to the concerned parties. Things should move along quickly from there. Your fiancée is being taken advantage of. Giving people the run around is common with WSIB and long/short term disability.
 
Roadghost said:
Get a lawyer. He will send a letter to the concerned parties. Things should move along quickly from there. Your fiancée is being taken advantage of. Giving people the run around is common with WSIB and long/short term disability.
Click to expand...

I've figured that out already....=( What a bunch of *** holes.

Thanks for the responses everyone. Our doctor already signed off for 2 weeks off. Apparently her work place has done nothing so he's reassessing her next week. The doctor is definitely on our side so far. I'll take into account everything here. The lawyer is the absolute last resort as it will end up costing us (it already is as she is paid hourly so we need WSIB or insurance to pay for the lost wages.)
 
油井緋色;2560278 said:
I've figured that out already....=( What a bunch of *** holes.

Thanks for the responses everyone. Our doctor already signed off for 2 weeks off. Apparently her work place has done nothing so he's reassessing her next week. The doctor is definitely on our side so far. I'll take into account everything here. The lawyer is the absolute last resort as it will end up costing us (it already is as she is paid hourly so we need WSIB or insurance to pay for the lost wages.)
Click to expand...

I understand that you are hard up for money. Some lawyers will do a consultation for free. You might be surprised how they go about getting the parties to pay. If she is declined WSIB appeal right away. Costco should have a short term disability plan through a group insurer to keep you going. No matter what, it is Costco that is liable - WSIB or no WSIB. Once a lawyer gets involved these crooks go scrambling. Nobody wants to go to see a judge and a settlement is usually in the offing.
 
OP, i remember from the condo thread, aren't you pretty "jacked" from working out and an intimidating guy? Just go over to Costco and scare them into a settlement.

On a serious note, best of luck with WSIB , they are no doubt busy and a crap show to deal with. I understand a huge part of the job is sussing out ligitimate claims from phantom injury and it just mires the whole process. My wife had to deal with WISB when she broke her wrist at work (in a hospital heheheh) , what a gong show.
 
I'm not sure why she is losing money. Costco has short and long term disability insurance according to their website. Is there a reason she cannot collect on the plan? It appears you have a doctors support so qualifying for short/long term disability should be doable.

Have you guys suggested a course of action to her supervisor? Do some research and find out what ergonomic changes would help. You would be surprised how much easier it is to get something approved when a solution is provided.

油井緋色;2560204 said:
My fiancee has gotten a severe form of RSI due to really ****** ergonomics at her workplace (Costco.) I know it is bad ergonomics because I had RSI in the past for the same reason and when I told my employer they immediately did something about it.

Costco, on the other hand, has done jack ****. She's had to take leave due to pain and is being unpaid. We've contacted WSIB who said they will likely not cover this as "it is your employer's responsibility to ensure ergonomics are okay."

She has contacted the head of her department who has done nothing. Their "health and safety rep" got the "meat manager" to do an "ergonomic assessment" which resulted in even more pain.

Doctors have pointed out that it is obviously nerve compression.

At this point I am at a loss for what to do so I turn to you guys who are older and wiser.

Can we sue Costco? And is there anything we can do prior to that step?
Click to expand...
 
Not sure how much help this is but I listen to talk radio a lot and this guy is always on giving awesome advice. As suggested above contact a lawyer, these guys seem to specialize in employees being taken advantage of. Some might call her situation a constructive dismissal from what I gather from the show.

http://stlawyers.ca/team/lior-samfiru/
 
Its just a conversation, but if you go straight to a lawyer, and it may come to that, it may spin into constructive dismissal. No body likes lawyers and the conversations that go with them.
 
very surprised a public company with a good rep would let it come to this
they are obligated to modify duties or put your partner on medical leave
most companies far prefer to put you on the private insurance, this is why they have it in the first place
but really they would be far better off to modify duties so there's no LTI
sounds like the Supervisor and the Manager are dropping the ball on this
but it's too early to get a lawyer involved
 
People get carpal tunnel & think it's bad. I've got splinters in my hand that I can't get out. Plus Knicks & cuts is part of the job.
 
RockerGuy said:
People get carpal tunnel & think it's bad. I've got splinters in my hand that I can't get out. Plus Knicks & cuts is part of the job.
Click to expand...

Those people who are suffering from c/t don't 'think' it's bad. They 'know' it's bad.
Knicks, cuts, and splinters are not part of anyone's job.


OP: don't settle for sickness and accident benefits. Those are for non work related injuries.
Often, an injured worker may be offered s&a cash benefits while WSIB gets their **** together, but that cash gets repaid once WsIB kicks in. Not only is wsib more $$$ per week, the benefits that are available after mmr (maximum medical recovery) are not available from the s&a group insurance plan.
Bottom line....
Don't give up on a WSIB claim and benefits.
 
Last edited:
I worked in the textile business for along time, it was common for material handlers to get painful tendinitis in their shoulders and elbows. It was very difficult for them to qualify for WSIB.

If I were the OP, I'd seek the advice of a workplace lawyer. They give you 1/2 an hour free, you can see as many as you want. A decent lawyer will explain how to proceed and let you know whether the odds are with or against you.

That advice is more valuable than any legal-aid you get off a motorcycling forum.

You might also do some research on the appeals files, they are quite telling. Here's an example of an RSI case, read it yourself: http://wsiat.on.ca/decisions/2016/2952 16.pdf
 
You must log in or register to reply here.

Back
Top Bottom