Can I Get Workers’ Comp for CRPS in Pennsylvania?
There are several ways that employees can develop Complex Regional Pain Syndrome (CRPS). For example, this disabling condition may occur because of traumatic injuries like fractures or sprains that can damage nerves and trigger harmful symptoms. Additionally, prolonged exposure to repetitive tasks or vibrations may lead directly to CRPS because of the strain placed on the body’s tissues and nerves.
You may be able to obtain Workers’ Compensation benefits for CRPS in Pennsylvania if you can demonstrate that the condition stems from a work-related injury or illness. Establishing this link can be difficult without legal help. Fortunately, our lawyers can help collect the evidence needed to recover the benefits you deserve.
Get help from our Certified Pennsylvania Workers’ Compensation Lawyers by calling Cardamone Law at (267) 651-7945.
Recovering Workers’ Compensation Benefits for CRPS in Pennsylvania
As stated on the Mayo Clinic’s website, CRPS is a chronic pain condition characterized by intense and prolonged pain out of proportion to the injury that typically affects one limb, though it can spread to other parts of the body. It often develops after a traumatic injury or surgical operation and is believed to result from abnormal responses of the nervous system.
The Mayo Clinic further states that symptoms of CRPS may include debilitating pain, swelling, changes in skin color, and altered sensitivity to touch or temperature. In many cases, victims experience pain that is disproportionate to the injuries they already have. Accordingly, the condition can significantly impair mobility, and victims usually require medication, physical therapy, and psychological support to manage symptoms and improve function.
If you suffer from CRPS because of a work-related injury, then you might be entitled to Workers’ Compensation benefits. These benefits can reimburse you for both medical bills and lost income sustained because of your condition.
Guidance from our Philadelphia Workers’ Compensation lawyers can be invaluable when pursuing your claim. The filing process can appear complicated if you do not have legal support. Further, in many cases, CRPS can be difficult to trace back to an on-the-job injury, and you will do better with help from lawyers who can collect and present the evidence needed to prove that you suffer from work-related CRPS.
Examples of Benefits You May Recover for CRPS in Pennsylvania
Multiple types of Workers’ Compensation benefits may be awarded to CRPS victims in Pennsylvania:
Payment for Medical Bills
A wide range of medical bills may be related to CRPS. For instance, victims regularly require consultations with specialists, diagnostic tests, prescription medications, and, in severe cases, surgical operations. Furthermore, the chronic nature of CRPS often leads to an ongoing need for treatment and rising medical bills.
Thankfully, Workers’ Compensation benefits for CRPS should include payment for all related medical bills. You may obtain compensation for any medical care that is reasonable and necessary to treat your condition, so long as the condition is work-related.
Lost Income Reimbursement
In addition to incurring significant medical bills, employees who suffer from CRPS may sustain lost income. There is a wide range of debilitating symptoms that may stem from CRPS, such as physical pain and mobility limitations. These symptoms often prevent victims from performing the same job duties that they could before their injuries.
Accordingly, Workers’ Compensation claimants who have CRPS may also acquire payment for their diminished earning capacity. Wage-loss benefits under Workers’ Compensation generally amount to approximately 2/3 of employees’ average weekly wages, with maximum weekly limits applied. Still, there are circumstances where injured workers might be eligible to receive up to 90% of their pre-injury earnings.
Benefits for lost income are subject to adjustment based on various factors, including but not limited to severance pay, Social Security benefits, unemployment compensation, and employer-funded retirement pensions.
Benefits for “Specific Loss”
Furthermore, a Workers’ Compensation claimant with CRPS may be eligible to recover specific loss benefits if they have experienced permanent impairment resulting in the loss of limb function or significant disfigurement as a direct consequence of their condition.
Does Workers’ Compensation Offer Payment for Pain and Suffering Related to CRPS in Pennsylvania?
Workers’ Compensation benefits do not include payment for claimants’ non-economic damages, such as physical pain and emotional anguish. Rather, benefits are only awarded for financial losses such as medical bills and lost income.
Even though that physical pain caused by a workplace injury is not directly covered by Workers’ Compensation, it is important to note that you may still be reimbursed for lost wages that incurred as a result of that pain.
Why Workers’ Comp Claims for CRPS Get Denied in Pennsylvania
Unfortunately, there are situations where employers and insurance companies will seek to shut down CRPS claims. Our team will work diligently when building your claim so that it is not rejected for any of the following reasons:
Failure to Prove Work-Related Cause
First, a CRPS claim may not be covered if the claimant fails to provide sufficient evidence that their condition is work-related. Without clear documentation linking CRPS to a workplace incident, a claim may be denied, leaving the claimant without crucial financial support.
Insurers will often point to pre-existing injuries in their attempts to assert that conditions are not work-related. For example, a claimant’s CRPS will not be covered if it develops as a result of a preexisting condition that was not exacerbated by a work-related injury or exposure.
If you are concerned that a preexisting injury may hurt your claim, our legal team can help discredit the insurer’s arguments and prove that your CRPS is work-related.
Delayed Reporting or Treatment
In Pennsylvania, you have 120 days from the date of an on-the-job injury to report that injury to your employer. Accordingly, if you discover that you developed work-related CRPS and fail to promptly report the condition, then your claim may be denied.
Support from our team can be highly valuable when initiating your case. We can help report your condition and ensure that you take the appropriate steps toward payment.
Injured Workers’ with CRPS in Pennsylvania Can Contact Our Law Firm for Help
Seek guidance from our Certified Bethlehem, PA Workers’ Compensation Lawyers at Cardamone Law by dialing (267) 651-7945.