Ulnar neuropathy and other nerve injuries and conditions can cause serious pain and hurt your ability to work. When this happens, you may lose the income your family relies on. Fortunately, Workers’ Comp is often there to cover you.
Through a Workers’ Compensation claim, you can get medical benefits to treat your injury. On top of that, you can get damages for your lost wages. All of these are paid without regard to who caused your injury or how long it took to develop.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for your free case review.
What Types of Claims Do You File for Nerve Damage at Work?
Workers’ Compensation is typically available for all workers, but lawsuits might also supplement your damages.
Workers’ Compensation Claims
Workers’ Compensation pays for all work-related injuries for qualifying employees. However, it does not pay full damages.
Instead, around 2/3 of your lost wages are covered, plus medical bills. All of this is without the need to prove fault; however, Workers’ Comp cannot cover pain and suffering damages.
Lawsuits
If you sue the at-fault party, you can recover additional damages, such as pain and suffering and the remaining 1/3 of your lost wages. However, you cannot sue your employer for work-related injuries.
You must prove the defendant was at fault before these damages are paid.
Can You File Both?
Yes. You can file a Workers’ comp claim for any work-related injury, and if it was caused by an outside third party, you can also sue that party. This is often the only way to recover full damages for your injuries.
Requirements for Nerve Damage Claims Through Workers’ Compensation
Workers’ Comp has two major requirements.
Work-Relatedness
Workers’ Compensation only pays for medical treatment for work-related injuries. This means they must have occurred through work tasks or because of dangerous conditions. Work tasks are the more common cause of nerve damage, e.g., through repetitive tasks.
Disabling Injuries
Injuries must also be disabling enough to keep you from working for at least 7 days to get you wage-loss benefits. They do not need to be consecutive, which can help with nerve injuries that might ebb and flow over time.
Ulnar Neuropathy Claims
One common work injury is ulnar neuropathy – impairment of the nerve that runs along from your upper arm, through your elbow, into your forearm. This can be affected by strain, repetitive stress, and other repetitive-use injuries.
If your arm is out of commission, this might keep you from working at your job – or any job if you get ulnar neuropathy in both arms. Good medical evidence is needed to document your injury.
CRPS Claims
Complex regional pain syndrome (CRPS) – also called reflex sympathetic dystrophy (RSD) – is a condition that causes you to experience enhanced pain and sensitivity in an area affected by another injury. This comes in two types:
- Type I – also called RSD – which has no underlying nerve damage
- Type II – also called causalgia – which has underlying nerve damage.
If you suffered nerve damage in another injury, it might result in CRPS, which could be enough to take you out of work on its own. However, the condition is often hard to prove to outside people, and you need meticulous medical documentation.
Carpal Tunnel Claims
Carpal tunnel is a common injury to the wrist, brought about by a collapse of the nerves that pass into your hand through this narrow region. This can lead to numbness and pain in the hands, which can make manual tasks impossible.
This injury is common for a lot of people with “desk jobs” and does not fit the stereotype of what Workers’ Compensation claims are usually filed for. Even so, talk to our Workers’ Compensation lawyers about compensation for physical therapy, and even carpal tunnel release surgery, as needed.
Brachial Plexus Injury Claims
Injuries to the arm and shoulder can result in injury to the brachial plexus, the bundle of nerves that passes through this area and down into your arm. These injuries can result in a stiff arm and cocked head position that can often make work harder and may need corrective surgery, physical therapy, etc.
FAQs for Nerve Damage Claims at Work in Allentown
Does Workers’ Comp Cover Lost Wages?
Yes, but only if your injury keeps you from working for at least 7 days. These benefits stop if you are able to return to work at your full wages.
The pay rate depends on how much work you can do:
- If you can’t work at all, your rate is 2/3 of your pre-injury wage, capped at the statewide average, and no less than the lower of half the statewide average of 90% of your pre-injury wage.
- If you work to some extent, you get 2/3 of the difference in wages before your injury and now.
Does Workers’ Comp Cover Pain and Suffering?
No. Workers’ Compensation does not cover pain and suffering, and the only way to get these damages is through a lawsuit.
You can potentially receive additional “specific loss” damages if you face certain permanent injuries, some of which could be caused by nerve damage:
- Amputation or lost function
- Lost hearing
- Lost vision
- Serious facial scars.
However, these damages are not exactly “pain and suffering” and should not be confused for the same thing.
What is the Deadline to File a Work Injury Claim?
Workers must report an injury to their employer within 21 days to start the claims process. If you wait, the report must come within 120 days at the latest.
If your claim is denied, you can file a Claim Petition with the state within 3 years of your injury.
Lawsuits must be filed within 2 years in most cases.
What Kind of Lawyer Do I Need?
Our attorneys for nerve damage injuries are both Workers’ Compensation attorneys and personal injury lawyers. This means that whether you are filing a Workers’ Comp claim or a lawsuit – or both – our attorneys can help with all of your injury claims.
Call Our Nerve Damage Injury Lawyers in Allentown for Help
Contact Cardamone Law’s Workers’ Compensation attorneys at (267) 651-7945 for a free case review.
