Legal Question in Workers Comp in New York
filing a claim after the surgery
My husband didnt realize that carpal tunnel was treated as workers comp. He scheduled the surgery and then went to claim temp disability and was told he had to file workers comp. My private ins already paid the dr. Can he file a workers comp case now. He has been out of work now for 5 weeks because he couldnt use his hand at all.
2 Answers from Attorneys
Re: filing a claim after the surgery
It depends if the carpal tunnel was from overuse or repetitive motion or if it was caused by an accident. In other words whether you have an ANCR claim or an ODNCR claim. The claims are very different and have different statute of limitations. If I were you I would go on the Injured Workers Bar Association website and find the closest Workers' Compensation attorney.
Re: filing a claim after the surgery
The statute of limitation on a workers compensation case is generally 2 years from when you knew or should have known of a work related injury. In order for the claim to get started you will need a prima facia medical report. ie. a report from the doctor indicating that the CTS is related to your husbands employment. I would immedialty file a c-3 claim form, with the Workers Comp Board. If you would like to discuss this more, please go to my website and call me in my office. you can download your claim from at my website www.lawisland.com, thank you, Frank Cetero.
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