By: Michael J. McConnell, Personal Injury & Workers’ Compensation Lawyer Serving the Bronx, Manhattan, Westchester, and Rockland.
Carpal tunnel syndrome is a painful but common work-related injury in New York. It is a condition involving the hands and wrists that can be caused by repetitive job duties that put pressure on the median nerve in the wrist.
Not only can carpal tunnel syndrome (CTS) make it difficult to perform one’s job, it can also make it almost impossible to do countless other daily activities involving the hand and wrist.
For many, this is a devastating injury and workers might ask themselves: Can I sue my employer for work-related carpal tunnel?
In New York, you generally will not be able to sue your employer for carpal tunnel syndrome.
For injured workers in New York, a diagnosis of carpal tunnel is unlikely to be a basis to sue their employer.
Indeed, for most work injuries, the workers’ compensation system is the exclusive remedy for work-related injuries in New York, including carpal tunnel syndrome.
While there are very limited exceptions where someone might be able to sue for a work injury (e.g., employer deliberately/intentionally caused the injury or doesn’t have workers’ compensation insurance), the nature of carpal tunnel syndrome is unlikely to fall within those exceptions.
One possible basis to sue someone (albeit not your employer) for work-related carpal tunnel might be if there was a third party who caused your injury.
For example, defective equipment that causes an injury can justify a lawsuit against the maker of that equipment.
With that said, the nature of a carpal tunnel injury caused by repetitive job duties or overuse is probably unlikely to provide a basis to sue a third party in most instances.
There are, however, instances of carpal tunnel caused by a broken wrist. If the fracture causes the carpal tunnel, then there might be a basis to sue someone.
For example, if a package delivery driver broke their wrist in motor vehicle accident on the job and the fracture ended up causing carpal tunnel, they could potentially sue the driver responsible for the accident.
One practical problem with the hypothetical example involving the delivery driver is that it is possible the carpal tunnel injury might not appear for many years and perhaps well beyond the statute of limitations for filing a lawsuit.
With that said, if the carpal tunnel diagnosis happens before the statute of limitations expires and before the lawsuit concludes, it is possible to recover money through a lawsuit for carpal tunnel even though the accident happened on the job.
What can I get through workers’ compensation for carpal tunnel in New York?
If you have work-related carpal tunnel syndrome in New York, you may be eligible for the following through workers’ compensation:
- Temporary disability payments for lost wages
- Free medical treatment for carpal tunnel syndrome
- Schedule Loss of Use Award if your CTS results in permanent impairment
Temporary disability payments can be up to two-thirds of your average weekly wage subject to minimum and maximum amounts determined by New York State.
The medical care for carpal tunnel syndrome can be covered fully by the insurance carrier, which can include doctor’s visits, physical therapy, and surgery.
Whether a Schedule Loss of Use Award (SLU) applies will depend on whether the CTS causes permanent impairment. An injured worker’s doctor will be able to advise if the injury is permanent around a year after the diagnosis or a year after surgery.
Conclusion: While most cases of work-related CTS in New York will not be a basis to sue an employer or anyone else, there are possible exceptions and workers with CTS are encouraged to consult with a New York workers’ compensation lawyer about their case to ensure all avenues of potential recovery are considered.
If you or a loved one are suffering from carpal tunnel syndrome in New York, please contact the Law Office of Michael J. McConnell for a free consultation.
The free consultation can be done by phone, video, or in person at the Law Office of Michael J. McConnell located in Ardsley, which is in lower Westchester County near Yonkers and White Plains.
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