Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How is my weekly workers’ comp benefit calculated for carpal tunnel in New York?
New York Workers’ Compensation Law sets your weekly wage-replacement benefit at two-thirds (66.7%) of your average weekly wage (AWW), subject to a state maximum that adjusts each year. For injuries in 2024, the maximum weekly benefit is $1,145.43. Your AWW is based on your earnings in the 52 weeks before the date of disablement.
Can I receive a lump-sum award for permanent carpal tunnel damage in NY?
Yes. Under the New York WCB schedule loss of use (SLU) system, the hand and wrist are each assigned a maximum number of compensable weeks. A WCB-authorized physician rates your percentage of loss of use, which is multiplied by the scheduled weeks and your weekly rate to produce a lump-sum award. Factors such as surgery, dominant-hand involvement, and severity all affect the final rating.
Does workers’ comp cover carpal tunnel surgery and therapy in New York?
Yes. New York’s no-fault workers’ compensation system covers all causally related medical treatment, including carpal tunnel release surgery, post-operative physical or occupational therapy, splints, and prescribed medications. Treatment must be rendered by a WCB-authorized provider, and major procedures typically require prior authorization from the workers’ comp carrier.
What is the difference between a workers’ comp carpal tunnel claim and a personal injury lawsuit in NY?
Workers’ compensation is your exclusive remedy against your employer for a work-related carpal tunnel injury — you cannot sue your employer for pain and suffering in civil court. WCB benefits cover lost wages and medical costs only. A separate personal injury lawsuit may be possible if a negligent third party — such as a tool or equipment manufacturer — contributed to the condition; an attorney can evaluate whether a third-party claim exists alongside your WCB case.