QUESTION
Could I sue my employer due to having bilateral carpal tunnel?
Asked on Apr 11th, 2013 on Personal Injury - Michigan
More details to this question:
I am an office clerk but when I became pregnant is when symptoms appeared. My doctor first thought it was due to the pregnancy but after having my baby it never improved. This is when he determined it was work related. I have been collecting disability from my job for two years now. I recently had surgery on my left wrist. Someone told me I am entitled to more compensation than just disability. Is this true?
10 ANSWERS
James Eugene Hasser
In Alabama, your exclusive remedy against your employer for an on the job injury such as yours is for compensation benefits only. The only way you can get anything else is if someone else other than your employer is liable. Most comp laws across the country are like that, but check with a local lawyer on your state's laws. There may be an exception. Alabama has some, but from what you described I don't think your situation would qualify. Good luck.
Answered on Apr 15th, 2013 at 8:59 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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You need to see a Workers' Compensation attorney and file a Workers' Compensation action. You may be entitled to a settlement from Workers' Compensation.
Answered on Apr 15th, 2013 at 8:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a worker comp claim. See a comp lawyer for advice.
Answered on Apr 15th, 2013 at 1:11 AM
Ronald A. Steinberg
Not as I understand it. You are entitled to workers compensation, and that is apparently what you are getting. No "double dipping" allowed.
Answered on Apr 14th, 2013 at 9:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You may be entitled to worker's compensation. Call the Idaho State Bar for a referral.
Answered on Apr 14th, 2013 at 8:33 PM
It's not uncommon for pregnant women to develop symptoms of carpal tunnel syndrome, but it should clear up in 8 to 10 weeks. Get a written causation opinion from your doctor, keep a copy, turn it into work and file a workers' compensation claim. If that doesn't work then hire a lawyer.
Answered on Apr 14th, 2013 at 8:09 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, you would have been entitled to Worker's Comp., but it may be too late now. In NY, you must file for comp benefits within two years. But, I suppose it's possible that could be extended if it is determined that you did not know the condition was from the work. See a worker's comp lawyer in your area. If the first one doesn't give you the answer you want, try another, maybe you will do better.
Answered on Apr 14th, 2013 at 8:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You might have a workers comp case. Time is, or may have, run out. Consult with an attorney today.
Answered on Apr 14th, 2013 at 8:06 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, if you are injured on the job, your remedy against your employer is Workers Compensation benefits. Such benefits usually pay around 2/3 of your wage and all your job injury related medical expenses. You may not generally sue your employer in tort, unless they intended to injure you (which is requires a virtually insurmountable standard of proof in Michigan). If you had short term and/or long term disability coverage, you are able to make a claim vs. them under the terms of the policy, which is usually for wage loss. If you are disabled under the definition/criteria of the Social Security Act, you may also apply for SSD benefits if you also have enough work credits. If there is any 3rd party who caused/contributed to your injuries, you may sue them if you can prove they were negligent, proximate caused you injury and you were damaged. The short answer to your question is the advice you got is probably wrong, but you should consult local counsel who handles on the job injury cases to explore your options.
Answered on Apr 14th, 2013 at 8:05 PM
You may be entitled to worker's compensation, and a possible worker's compensation settlement. However, you would not be entitled to make a claim for "pain and suffering." You are not allowed to sue your employer in this type of situation. Worker's compensation is your only avenue.
Answered on Apr 14th, 2013 at 8:05 PM