Does Having Nerve Damage Make Me Eligible To Receive Workers’ Compensation?

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Nerve Damage Stock Photo

Nerve damage can be extremely debilitating, and workers’ compensation law takes this fact into account when considering how and whether to provide benefits for certain injuries. Nerve damage can result from traumatic injuries or repetitive injuries that occur over time. Usually, workers’ compensation will provide benefits for both types of injuries and various kinds of nerve damage.

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Types of Nerve Damage

Nerve damage can vary significantly in terms of severity, but there are two overarching types of nerve damage.

Pressure injuries

When there is pressure on the nerves, that can block the nerve’s transmission to and from the brain. Pressure can be caused by a loss of blood around the nerve. Pressure can result in pain or numbness or tingling feelings.

Thankfully, this type of damage is often reversible, and the nerve can regenerate itself over a few months or years. Often, the pressure must be relieved through surgery, specific treatment, or rehabilitation.

Interestingly, this type of damage can also be the result of stress over time in addition to a traumatic injury. Repetitive injuries like carpal tunnel sometimes result in pressure-related nerve damage, and these injuries can often be corrected through surgery.

Bruising, stretching, or tearing

This type of nerve damage is usually caused by trauma or an accident and often does not develop over time. It can be extremely serious, causing long-term damage and even a loss of function. Paralysis or other significant movement impairments can result from this type of injury. These injuries can be permanent.

Most work-related nerve injuries are the result of either trauma or repetitive use. Nerve damage is often accompanied by spinal trauma, broken bones, strains, and head trauma.

Benefits for Nerve Damage Under Workers’ Compensation

As long as the injury occurs at your workplace or while you are engaging in work-related activities, nerve damage will generally fall under workers’ compensation law. Nerve damage is considered part of a “body as a whole” damage. That often means that you may be awarded a percentage of the loss of function of your body that was caused by the nerve damage.

Your award will depend a great deal on how your nerve damage has affected your ability to work. Unfortunately, nerve damage often takes a significant toll on your personal life as well, but personal issues generally do not apply under workers’ compensation law. If you can still work the same job after your injury, you are likely to have a much smaller award for nerve damage.

If your nerve damage was directly related to your employment, you should receive medical treatment related to the damage through workers’ compensation. This includes any necessary surgery or physical therapy that you may require.

It can be difficult to prove that a nerve injury occurred at work or developed over time because of work-related activities. However, an experienced workers’ compensation lawyer can help you gather the evidence you need to prove your case, even if the insurance company has denied your claim. Contact Jim Glaser Law today at 781-689-2277 or fill out our online form to request a free case evaluation.