Carpal Tunnel Surgery After Retiring...

by Charles
(New York)

I was injured on the job, I got carpal tunnel from work and reported it in 2010. I then retired from my job for various medical reasons - the carpal tunnel being one of them. I am now waiting for a decision from total disability SSI (Supplemental Security Income).

When I retired I still had an open workers compensation case and I was still being treated for it, all my medical bills were being paid. I have never received any monetary money from workers comp at all.

Here's my question...

I will be having surgery soon on both hands. Is it safe to say I will receive some type of settlement for my pain and suffering that I still have, or is this the end of the road for me? After my surgery should I then close my case? Any information received will be helpful. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Carpal Tunnel Surgery After Retiring...":

Charles (New York):

Unfortunately Workers Compensation rules do not allow compensation for Pain and Suffering. Workers Compensation rules allow for the payment of a portion of your lost income and a full amount for your medical bills. After that you will receive no more.

If your Social Security Disability petition is granted you will receive a monthly amount of money. The amount is based on what you paid into Social Security during the time you’ve been working, not only at your most recent job but at all other jobs combined.

After your surgery you may not have the option of closing your workers compensation claim. The workers compensation insurance carrier will probably close it for you. The claim though may remain open if your surgeon indicates you will need some form of post-operative care or additional surgery.

Be very sure you keep the workmans comp insurance representative apprised of the status of your medical treatment. Tell them before they close out your claim you want to be sure you won’t need any post-operative treatment. If you don’t let them know they may assume the surgery sufficiently treated your Carpel Tunnel Syndrome and then close your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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