Nerve damage is a serious injury that no one wants to encounter. Unfortunately, injuries do occur, and some can have devastating effects. Nerve injuries are in a class of their own because of their severity and complex nature. Nerve damage can have both short and long-term implications for the injured worker. Given the complex nature of these injuries, controversies often arise during the compensation process.
Can Workers Receive Workers’ Compensation Benefits for Nerve Damage?
In short, yes but there are certain types of nerve damage that may not be covered under workers compensation. The nervous system has central and peripheral component. The ‘nerve’ in ‘nerve damage’ often is in reference to the peripheral nerves.
The peripheral nerves are either motor, sensory, or a mix between the two. With Workers’ Compensation, there is a strong recognition that nerve damage can lead to a severe loss of function and disability. Commonly nerve damage affects:
- The upper limbs
- The lower limbs
- Face, neck, and scalp
- Special senses; the eyes and the ears
These injuries can negatively impact how and if you perform your job duties and other aspects of daily living. Nerve damage workers’ compensation settlement may include weekly pay, long term disability benefits, the cost of healthcare, or rehabilitation programs.
Compensation is, however, dependent on some factors:
The circumstances of the injury – Using the New York State workers’ compensation system, an injured worker will receive the necessary medical attention. They will also get compensation for lost wages. This happens if it is determined that ‘the injury arose out of and in the course of employment’.
Whether temporary or permanent loss of function is a result of the injury – Nerve damage may be temporary or permanent. In each of these categories, the worker may have either a total or partial disability. Long term outcomes of an injury may cost a worker their income and the possibility of securing other employment.
The type of nerve – Injuries involving certain nerves qualify for compensation. Others do not. Common examples include the median nerve in Carpal Tunnel Syndrome. If this condition causes disability, the worker may receive compensation from a worker’s comp claim.
Extent of damage – One of the most important steps in compensation is determining how much the worker should get. This amount is arrived at after several calculations. The variables used would include the extent of loss of function as determined by a medical practitioner.
What do you need for a worker’s compensation claim?
A doctor’s report – This must be comprehensive and verified by an approved medical professional. It should explain the extent of the injury and the severity of the damage. The doctor must determine that a worker has reached the maximum medical improvement. (MMI).
EMD Law – The workers compensation claim process can be complicated and confusing, especially for claims citing nerve damage. Trust the professional team at EMD Law to get you through the process.
Get the best team on your side:
If you suffered a workplace injury resulting in nerve damage, contact the professionals at EMD Law. We are here to help you navigate the complicated process of worker’s compensation claims. Don’t do it alone.
