Can I claim Workers Comp for damage nerves an injury possibly caused by the work I do although I already had the surgery 8/2013?

I was diagnosed with severe nerve damage in my right arm. August 2013 I had a procedure called Ulna Nerve Release. I would like to know, now that I understand this problem might of been from the lifting, carrying, pulling paperwork for the last eight years due to the work I do, can I still claim Workers Compensation for the injury after doing the procedure?

Bronx, NY -

Attorney Answers (4)

Jayson Lutzky

Jayson Lutzky

Divorce / Separation Lawyer - Bronx, NY
Answered

Speak to a local workmen's compensation lawyer. Also, speak with a disability lawyer.

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William Ward Crossett

William Ward Crossett

Workers' Compensation Lawyer - Syracuse, NY
Answered

Maybe, but it likely to be difficult. Your injury is in the nature of an Occupational Disease. New York law handles Occupational Disease cases a little bit different than clear Accident cases and the Statue of Limitations is also determined in a different manner. The fact that you have already had surgery will also make the case difficult as the employer/carrier have been deprived of an opportunity to have you seen by their expert.

That said if you have evidence that supports a connection or nexus between your injury and your work you may have a successful claim entitling you to both lost wage benefits and medical treatment.

The other attorneys are correct you should seek an attorney who understands New York Workers' Compensation law right away.

Please remember the answer to this question is in general and without knowledge to the specific facts of your case.... more
Gerald Gregory Lutkenhaus

Gerald Gregory Lutkenhaus

Workers' Compensation Lawyer - Richmond, VA
Answered

It depends. You did not have a specific injury. You claim it was due to wear and tear over the years. Even if a doctor agrees this was the cause, you are going to have a difficult time proving the causal connection. Talk to a NY workers compensation lawyer.

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John M Connell

John M Connell

Workers' Compensation Lawyer - Englewood, CO
Answered

You can prove it however you will need a doctors opinion to assist you. Talk to a workers compensation atty to get some help because it will likely be denied by the ins co

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