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What is Nerve Damage?
Your nervous system acts as a means of communication between your brain and every part of your body. When nerves are injured, the communication is disrupted. Examples of nerve damage are: sharp pains, burning sensation, tingling (pins and needles), numbness, weakness of muscles. In extreme cases, the nerve tissue may be permanently damaged, and you will be disabled for life.
The difficult aspect of nerve injuries is that they are not readily apparent and, therefore, they are easily confused with other types of injuries. Often, the symptoms of nerve damage develop slowly, and it is difficult to determine when the symptoms began. As such, doctors will often use specialized testing methods (electromyogram (EMG) or nerve conduction studies) to diagnose nerve damage.
How Do Nerve Injuries Occur at Work?
Workplace injuries causing nerve damage occur in all workplaces — not limited to high-risk occupations, i.e., construction, manufacturing, etc.
Nerve injuries can result from traumatic events occurring at work, such as:
- Falls
- Being hit by an object or vehicle
- Getting caught in or under equipment or machinery
- Repeated stress of muscles and tendons results in inflammation of nerves.
- Poor posture or improper positioning of equipment or tools used at work
- Sudden impacts resulting from car accidents or heavy lifting
- Sciatica resulting from lifting
- Electrical shock or chemical exposure.
Are Nerve Injuries Covered Under Workers’ Compensation?
As previously mentioned, workers’ compensation provides for payment of medical expenses and partial wage loss for employees who are injured on-the-job. Nerve injuries caused by an event happening at work are generally covered under workers’ compensation, but the employee must demonstrate that their job caused their nerve injury.
Insurance companies may dispute the employee’s claim by stating that the nerve injury existed prior to the job or occurred due to an event outside of work. If an employee’s claim is approved, he/she/they will likely receive reimbursement for medical services, physical therapy and rehabilitation, and partial wage loss. Severe cases of permanent disability may qualify an employee for additional extended benefits.
Documentation to Support Your Claim
Documenting your injury is critical to establishing a valid claim. Get medical help immediately after you begin noticing symptoms. Early documentation of your injury and its relationship to your job will greatly increase the likelihood of your claim being approved. Provide your physician with information regarding your job and when your symptoms began, so that your physician has the relevant information documented in your medical record. A neurologist can perform diagnostic tests confirming nerve dysfunction that will carry great significance with the insurer.
Notify your employer in writing of your injury as quickly as possible. Deadlines exist in most states requiring the employee to notify his/her employer of their injury within a certain number of days to weeks after the date of the injury. Keeping your story consistent throughout your medical record, injury report, and any witness statements will prevent insurers from questioning the validity of your claim. Supporting documentation, such as workplace logs, time cards, and witness statements, will help to establish the basis of your claim.
Suffered a Workplace Injury?
Components of a Settlement
A workers’ compensation settlement for nerve damage should compensate you for both your current needs and your potential future needs.
Reimbursement for medical treatment associated with your injury will likely begin immediately and will include: doctor visits, hospitalizations, physical therapy, surgical procedures, and related medications. During the period of time that you are temporarily unable to work, you are usually eligible to receive approximately two-thirds of your average weekly earnings. Disability benefits will be paid if you suffer a permanent limitation. Also, if you are required to accept a lower-paying position due to your injury, a settlement can provide for that reduction in earnings. Vocational retraining may also be provided to you if you are unable to return to your original occupation.
Workers’ compensation does not compensate for pain and suffering. These damages can only be received by filing a civil lawsuit against the person responsible for your injury. This can only be done if the injury was caused by a non-employer and/or non-coworker.
Factors That Influence Your Settlement
There are several different factors that affect your workers’ compensation settlement amount. The severity and permanency of your injury are the largest factors affecting the settlement amount. The larger the permanent damage, the larger the settlement will be. Your occupation and wages play a second large factor. The greater the economic loss you incur by being unable to work, the larger the settlement will be. Your projected future medical costs will also influence your settlement amount.
Working with an experienced workers’ compensation attorney is important to maximizing your settlement award. Attorneys specializing in workers’ compensation law understand how to properly evaluate a claim for nerve damage and are skilled at negotiating with insurance companies to maximize your recovery. Workers’ compensation settlement awards for nerve damage can range anywhere from $10,000 to hundreds of thousands of dollars, depending upon the extent of your permanent disability.
When to Hire a Lawyer
While some cases can be resolved without hiring a lawyer, nerve injuries are complex, and it is highly advisable to hire a workers’ compensation attorney to assist you in resolving your claim. If your claim is denied, or you are experiencing delays in receiving benefits, or if you feel that the initial settlement offer is inadequate, then it is recommended that you contact a workers’ compensation attorney to review your case.
If a third party caused your injury, you may have a separate personal injury action that may allow you to recover for pain and suffering. Most workers’ compensation attorneys work on a contingency fee basis, which means that you will only pay them if they recover money for you.
Frequently Asked Questions
If your symptoms did not appear until later, does this mean that your claim will be denied?
No. While delayed symptoms will certainly create a problem for you in proving that your injury was related to your job, timely documentation of your injury will help establish that your job was the source of your symptoms.
Can I still collect workers' compensation benefits if I had a pre-existing condition?
Yes. Even if you have a pre-existing condition, you may still be able to collect workers’ compensation benefits if your job exacerbated the condition. To prevail, you will need to present medical evidence demonstrating that your job made your condition worse.
Do I need a lawyer to file a claim?
While you do not necessarily need a lawyer to file a workers’ compensation claim, lawyers are essential for handling complex cases, denied claims, and disputed liability.
