Nerve damage can cause serious pain and discomfort that makes it hard to do your job. It may even cause you to lose motor skills, devolving into an ongoing disability
Through Workers’ Comp, injured workers can claim compensation for ulnar neuropathy, CRPS, carpal tunnel, and other nerve injuries that keep them from work. This system also pays for the medical care you may need to treat these injuries, such as surgeries and physical therapy.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
Kinds of Nerve Damage You Can File Workers’ Compensation For
Workers’ Comp claims can be filed for a wide range of nerve injuries, from ulnar neuropathy to complex regional pain syndrome (CRPS) to sciatica. However, you have to meet these requirements and procedures:
Requirements
Workers’ Comp only covers injuries that meet these requirements:
- The injured worker is an employee, not an independent contractor (determined based on facts, not just their title or 1099)
- The injury was work-related, e.g., it happened from work tasks.
- The injury is disabling for at least 7 days.
Examples of Nerve Damage
Nerve damage can happen in a few different ways and be covered:
- Traumatic damage to a nerve as part of a broader injury
- Neuropathy or other syndromes that occur over time because of repetitive use or repetitive stress injuries
- Spinal cord injuries.
How Nerve Damage Cases Work
You start a claim by filing notice of your injury with your employer within 21 days of when you noticed the injury was serious. Follow through with all medical care while they decide your case.
If they deny you, we have 3 years from the date of injury to file a formal Claim Petition with the state. We can then collect medical evidence and take the case to a hearing to prove that it was work-related and deserving of benefits.
Compensation Available for Work Injuries in Bensalem
You may need very expensive procedures and long-term lost wages covered. Workers’ Comp covers these three areas of damages – but the last is only available in a lawsuit.
Medical Benefits
The cost of detecting, diagnosing, and treating nerve injuries can be expensive. These cases also typically require ongoing physical therapy costs and potentially even surgery.
Workers’ Compensation should cover these costs in full.
Wage-Loss Benefits
Workers’ Comp pays for 2/3 of your pre-injury wage while you cannot work at all or 2/3 of the difference in wages if you work a bit for a reduced wage. This is subject to caps and floors.
Specific Loss
“Specific loss” benefits are paid for
- Amputation
- Total lost function
- Lost hearing
- Lost vision
- Serious facial scarring.
This may apply to some nerve damage cases, but typically, only total lost function is covered.
The benefit rate is 2/3 of your pre-injury wage, subject to caps and floors.
Lawsuit Only: Pain and Suffering
One vital area of damages that is not covered through Workers’ Comp is pain and suffering, along with other “non-economic damages.” To get these damages, you need to file a lawsuit.
How to Report a Work Injury
When you get hurt, get medical treatment and report the injury to your employer. You must file notice of an injury within 120 days at the latest, but it is usually expected within 21 days.
Date of Injury
Many nerve injuries happen over time, and it can be hard to determine when the date of injury is. Get treatment and notify your employer as soon as the injury becomes too serious to continue with your normal work tasks.
Getting Earlier Treatment
If you get treatment earlier, it may also be covered. The injury is still work-related, thus eligible for coverage, even if it is not yet disabling.
FAQs for Workers’ Comp Claims for Nerve Injury in Bensalem
When Can You File a Lawsuit for Work-Related Nerve Injuries?
Lawsuits can be filed alongside a Workers’ Compensation claim if you have a third party you can prove was at fault for your damages. Note that this requires
- Someone other than your employer/coworkers to sue
- Actual proof of fault (i.e., that they violated a legal duty, causing your injuries).
Workers’ Comp usually pays first, then gets paid back for the money they already spent on you when you recover against the party that was actually at fault. You keep additional damages like pain and suffering.
Is Surgery Covered?
Surgery is covered through Workers’ Compensation. There is no pre-approval process where you have to submit to the insurance company first. Instead, your doctor recommends the surgery, you get it, and they bill Workers’ Comp.
If there are problems deciding whether surgery should be covered, your employer can take that issue before a Workers’ Comp Judge through a Utilization Review.
Can You Choose Your Doctors?
During the first 90 days of care, you may have to use a doctor your employer chooses through their list of “panel doctors.” However, sometimes you need a specialist that is not on that list, in which case you can choose your own specialist.
You can also typically get a second opinion covered when surgery is recommended, but you still have to use the panel doctor if the surgery happens in the first 90 days.
How Much Does a Workers’ Comp Lawyer Cost?
Workers’ Compensation lawyers are paid out of the winnings in your case. The payment they can receive is capped at 20%. This means you do not have to pay up front, and you do not need to add this to your expenses while you are on a limited income.
This usually comes out of a settlement or the wage-loss portion of your claim, depending on whether the case is settled or paid out over time.
Call Our Nerve Damage Work Injury Attorneys in Bensalem Today
Call (267) 651-7945 for a free case review with the nerve damage injury lawyers at Cardamone Law.
