Q: If I had carpel tunnel surgery

A: I see you live in NC but you are asking about a SC claim. In SC, if your carpal tunnel injury is work related you are entitled to the following workers' compensation benefits: 1) medical treatment; 2) weekly benefits if you are written out of work by the authorized doctor; and 3) compensation for any permanent problem you have as a result of the injury.

If your carpal tunnel claim has been accepted as compensable, your surgery will have been authorized and paid for by the employer's workers' compensation insurance company and you will have been paid weekly benefits at 2/3 of your average weekly wage for the time you were written out of work or not provided light duty. Once you reach what is called "maximum medical improvement" or MMI for short, your doctor will determine if you have impairment ratings to either or both of your hands or arms as a result of the injury and surgery. If you receive an impairment rating, you should be entitled to be paid additional money for your disability to your hands/arms.

Carpal tunnel syndrome is usually caused by what is called "repetitive trauma". Repetitive trauma cases have special requirements and can be difficult to prove. If your claim has not been accepted by your employer's workers' compensation insurance company, you will first have prove your carpal tunnel is compensable before you get any benefits. You will almost certainly need an attorney to successfully do this.

Some doctors give ratings after carpal tunnel surgery and some don't. Even without ratings, you may be able to get some money because you have had surgery. How much you would get also depends on whether you do a settlement that closes out your case or leaves it open for future medical treatment. Other factors will include whether or not you have any permanent restrictions that prevent you from returning to your job and whether you still work for the employer on whose job you were hurt. This can get complicated and, if you do not already have a lawyer, I would encourage you to reach out to an experienced workers' compensation attorney and discuss whether you would benefit from having representation. Most of us offer free consultations.

A: Generally only workers comp unless the carpal tunnel was caused by another party. You are working at work, you get carpal tunnel-workers comp is your exclusive remedy. You are in a truck for work and get hit by another driver, you may have a claim against the other driver for pain and limitations--and the part of income that comp doesn't cover. (Comp will also have a claim for what they paid called a "subrogation claim."

If your job was unloading a ship there may be other claims and you should see a specialist like Carl Jacobson in Charleston.