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The Law & You

Can I Bring a Workers’ Compensation Claim for My Carpal Tunnel?

The Law & You
July 23, 2019

The Law and You

Can I Bring a Workers’ Compensation Claim for My Carpal Tunnel?

A viewer just found out she needs surgery for her carpal tunnel. She does a lot of typing at work and wonders if she can claim workers’ compensation to pay the bills. Can she?

Haley Blanco: That time of the day for “The Law & You” and joining us today, we have attorneys Molly Clark and Greg Fellerman. So nice to see you guys!

Greg Fellerman: So nice to see you too.

Haley: Are you enjoying your summer?

Molly Clark: So far so good.

Greg: I am.

Haley: I know I want to just keep going though.

Molly: Yes. Hopefully, it does.

Haley: I know, right? More sunshine on the way hopefully. But let’s get to this question today, submitted by a viewer in Scranton. Tara says, “I just found out I have to have carpal tunnel release surgery. My job requires a lot of typing and I’m wondering if I can bring a workers compensation claim.” All right, Molly. What do you think for Tara?

Molly: Tara, I think that you probably can. I think it will require some documentation on your part. We’ll need to see some records that show that this is related to your job and that it wasn’t related to something else. Most importantly you need to let your employer know so that you can submit a claim and get the ball rolling at the process started. But the short answer is I think yes, we would have to look at some medical documentation. Like I said, you need to file a report with your employer. What do you think?

Greg: I think you possibly have a case. But they’re tough cases, that the repetitive cumulative trauma case typing. I’ve litigated them and they’re tough because other things can get in the way. But if it’s documented and you present it in the right manner, you could be successful. I know the workers’ compensation judges understand the issue when you present it, but it has to be tight. It has to be done correctly. You really have to make sure your doctors are on board and the writing the reports indicating that they can prove it to a reasonable degree of medical certainty. That’s the standard. So yes, they can be done. I’ve won some and I’ve lost some, so they are tough. So I just think you really need to get with us and we can help you with it. They are tough cases, but you could win and I think it’s a legitimate injury too.

Haley: All right. So Tara sounds like you need to pick up the phone, give them a call. You can also find them online and on social media.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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