If you suffered a pinched nerve in a work-related accident, you may need Workers’ Comp benefits. These benefits cover a wide range of injuries, paying medical benefits and wage-loss benefits for many temporary or permanent injuries.
Pinched nerve injuries can be covered through Workers’ Compensation, as long as they are work-related. This can cover both injuries from a specific accident or injuries that develop over time.
Speak with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers in a free case review by calling (267) 651-7945
How Pinched Nerve Injuries Happen at Work
You might suffer a pinched nerve in an accident or develop the injury over time.
During a fall or an accident while exerting yourself, you could face an injury that pinches down on a nerve. For example, a herniated disc could pinch on your spinal cord, or a dislocated shoulder could pinch the nerves running through your shoulder.
You could also suffer one of these injuries over time. As the muscles, cartilage, and tendons move around, they could entrap a nerve and begin to cause pain, numbness, and motor skill issues. For example, carpal tunnel or sciatica might develop over time like this.
Qualifying for Workers’ Comp with a Pinched Nerve
Our Montgomery County, PA Workers’ Comp lawyers can help you understand whether your pinched nerve injury meets these three qualifications for Workers’ Comp:
Employee Status
You must be an employee to be covered under your employer’s Workers’ Comp insurance. This means that they control your work, work hours, and workplace, and that they pay you for your services.
This does not include independent contractors, who are treated as though they are self-employed. Check with a lawyer about your status, as misclassification is common.
Work-Related Injury
The injury must be work-related to be covered. This means that it comes out of your work tasks.
For example, many workers suffer pinched nerve injuries over time because of repetitive actions, or through accidents suffered in the course of their job duties.
Accidents from dangerous workplace conditions are also “work-related.”
Disabling Injury
If the injury is work-related, you can get medical benefits. However, if it also disables you for at least 7 days, then you can also get wage-loss benefits.
What Benefits Can You Get Through Workers’ Comp with a Pinched Nerve?
These benefits may be paid through Workers’ Comp for a pinched nerve injury, though specific loss benefits are rare.
Medical Benefits
Pinched nerve injuries may need imaging and testing for diagnosis, physical therapy and rehab to treat the injury, muscle relaxers, pain medication, and more. They may even need surgery.
All of these costs should be covered if the injury qualifies.
Wage-Loss Benefits
If your injury keeps you from working at all, then that period of disability should be compensated. These wage-loss benefits typically pay 2/3 of your pre-injury wages, subject to caps and floors.
The rate if you can partially work is, instead, 2/3 of the difference in wages now and before the accident.
Specific Loss
Permanent injuries, such as amputation or total lost function, can pay additional benefits for 2/3 of your pre-injury wage, subject to caps and floors. If the pinched nerve injury causes permanent lost function, then you can get benefits paid the same as though the limb was amputated.
However, many pinched nerve injuries resolve over time or result in only partial lost function, so they will not typically qualify.
What if You Discovered a Pinched Nerve During Treatment for Another Injury?
Pinched nerves are often caused by other injuries. For example, a low-back injury or dislocation could have been the thing that caused your pinched nerve in the first place.
As long as the initial injury that caused the pinched nerve stemmed from work tasks, the entire injury is deemed “work-related” and should be covered.
What if Your Injury is Only Partially Disabling?
Partial disability benefits are available. For a status of “partial disability,” you are judged to have a “whole-body impairment rating” under 35%. This can pay up to 500 weeks of benefits.
At any point where you are working with your injury but making under your pre-injury wage, you can get benefits equal to 2/3 of the difference in pre- and post-injury wages. This depends on whether you are actually working or not, not your partial vs. total disability status.
How Do You Notify Your Employer of Injuries?
You should notify your employer in writing by sending a notice to the proper office, manager, or department at your work. You should tell them how the injury happened, how it affected your ability to work, what your wages were before and after the accident, and any other details you have.
Talk to your lawyer about getting this notice in on time – which usually means filing within 21 days of discovering the injury.
How Do You Apply for Benefits?
You start your application for benefits by notifying your employer of the injury. They then apply for benefits with their insurance carrier, and the employer or their carrier will decide whether or not to pay.
What Should You Do if Your Claim is Denied?
After the claim is denied, you have 3 years from the date of injury to file a formal Claim Petition with the Workers’ Comp Office of Adjudication. This puts the case before a Workers’ Comp Judge to decide your claim.
If that is denied, you can appeal that to the Workers’ Comp Appeal Board, then the courts.
How Long Do You Have to File a Workers’ Comp Claim?
You must file notice of injury within 21 days and file a Claim Petition within 3 years of the injury. If you miss the 21-day requirement, you can still file within 120 days. If you miss the 120-day requirement, you are typically barred from filing a Claim Petition.
Can You Sue for a Pinched Nerve at Work?
If the pinched nerve was caused by someone other than your employer – e.g., a third party – then you may be entitled to sue them for the injury. You cannot sue your employer, and you cannot sue yourself.
If this lawsuit succeeds, it can pay compensation beyond what Workers’ Comp pays, such as pain and suffering.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Call (267) 651-7945 for your free case evaluation with our Philadelphia Workers’ Compensation lawyers at Cardamone Law.
