All kinds of work injuries are covered under Workers’ Comp. This helps injured workers get coverage for lacerations, broken bones, and even repetitive stress injuries and nerve damage.
Nerve damage is sometimes hard to identify and treat, and it can have long-term effects on your ability to work. Because of this, it is vital to get all kinds of testing, physical therapy, and even potential surgeries covered through Workers’ Comp. This system also pays wage-loss benefits while you cannot work, giving you peace of mind while you deal with your injuries.
Call (267) 651-7945 today for a free case evaluation with the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law.
Types of Nerve Damage You Can File a Work Injury Claim for
Our attorneys can help you seek compensation for all kinds of nerve damage cases, including these:
CRPS
Complex regional pain syndrome (CRPS) may or may not stem from nerve damage. Type II CRPS, also called causalgia, often has underlying nerve damage that can be identified from another accident.
CRPS involves sensitivity to pain, touch, temperature, and other sensations in the affected area after another injury. This pain is often hard to prove and describe and needs strong medical documentation to prove your case.
Ulnar Neuropathy
When you hit your “funny bone” and get a weird, painful feeling down your arm, that’s your ulnar nerve. Damage to this nerve can cause ongoing pain and motor control issues.
Ulnar neuropathy often comes from repetitive use and repetitive stress injuries involving your elbow. This can come from all kinds of work tasks and industries.
Carpal Tunnel
A similar injury deals with impingement and compression of the nerves going into your hand at the base of your wrist. Pain and numbness in your thumb, index, and middle fingers can be caused by repetitive stress and use.
This injury is common for many industries, including ones with less physically demanding job tasks, like typing. You can claim Workers’ Comp even in those kinds of jobs.
And More
Nerve damage can occur in all kinds of laceration injuries, blunt force injuries, and more. Damage to your spine and back can cause surprising issues down the line of your nerves. Our Workers’ Comp lawyers can help you take any nerve injury claims through the filing process if they are work-related.
How to File a Claim
Workers’ Compensation is not a lawsuit, and it has a separate system you file through with its own filing requirements and deadlines.
Report Your Injury
You do not file to start your claim, since the insurance company actually works for your employer, not you. Instead, you notify your employer of your injury within 21 days, and they file a claim with their insurance carrier.
If you miss this deadline, you can still file within 120 days, but you should file as soon as you can to avoid delays.
File a Formal Claim
If the insurance carrier or your employer denies the claim, then you can file a Claim Petition with the state. This is filed within 3 years of the injury.
Get Medical Exams
Part of the process of proving your case involves medical exams. You need good documentation of the injury and a doctor’s report saying that the injury was work-related.
Your employer also gets to have you attend a so-called “independent” medical exam (IME) with a doctor they choose. This doctor will typically be looking for evidence to shut down your claim, so having a strong report on your side is vital.
Collect Other Evidence
We may need other evidence, like depositions from other witnesses, security camera footage, and work records.
Attend Hearings
There may be multiple hearing dates you need to attend. The formal Workers’ Compensation hearing may be one day or multiple, but the worker often needs to attend and may have to testify in person.
If we settle the case, we still typically need a hearing to finalize the settlement and get the judge’s approval.
FAQs for Workers’ Comp for Nerve Damage in Reading
Do You Have to Use Workers’ Comp or Can You Sue?
You may be able to do both! Lawsuits can only be filed against someone else, so you cannot sue if you caused the injury or it simply happened over time with no negligence involved. You also cannot sue your employer or coworkers in most cases.
That means that you can still sue an outside third party that caused your injury, such as a safety gear supplier or manufacturer of a defective product. You also need to prove their fault.
Can You Sue and Use Workers’ Comp?
If you are able to sue, that does not stop you from also using Workers’ Compensation. Many cases are filed through Work Comp first because it is no-fault and often pays faster. Then, once your medical care and lost wages are covered there, we can seek additional damages like pain and suffering through a lawsuit.
What Damages Can You Get Through Workers’ Comp?
Workers’ Comp covers three main areas of benefits
- Medical benefits to cover treatment
- Wage-loss benefits, typically covering 2/3 of lost earnings
- Specific loss, typically covering 2/3 of pre-injury earnings for lost function, lost hearing, lost vision, amputation, or serious facial scars.
If you need additional damages – like pain and suffering – you should talk to a lawyer about suing for those damages.
What Workers Are Eligible for Workers’ Comp?
Nearly all “employees” in Pennsylvania should be covered. This leaves out independent contractors (as well as certain workers carved out in the statute, such as realtors). Federal workers also use a different system.
It is important to note that “independent contractor” status is not automatic just because you get paid with a 1099. It is instead based on the actual facts of your job and level of control your employer exerts over your work.
Is Nerve Damage Over Time Covered?
Yes. If injuries happen over time instead of in one specific work accident, they can still be covered. We need to show that this use over time that caused the injuries was related to your work tasks.
Contact Our Work-Related Nerve Damage Injury Lawyers in Reading Today
Call Cardamone Law’s nerve damage lawyers for a free case review by dialing (267) 651-7945.
