If you were injured in a workplace accident and those injuries led to nerve damage, you are probably wondering what is the average workers’ compensation settlement for nerve damage? However, there is no accurate way to answer that question as there is no average settlement because no two cases are exactly alike. Workplace accidents happen every day regardless of the safety protocol and training. Sometimes there is no way to avoid such situations. Unfortunately, many of these accidents lead to serious injuries that include debilitating symptoms. Nerve damage is a serious condition that can result in permanent disabilities. Cost of Nerve Damage Nerve damage may be a long lasting injury. Even if it isn’t, it is important to calculate the cost of compensation you should claim as carefully as possible. Workers’ compensation is a no-fault type of insurance, so claims are often easier to settle than equivalent personal injury claims which depend on proving who was at fault. Workers’ comp. does not match personal injury claims for what you are entitled to claim. For example, non economic costs, such as pain and suffering, or loss of enjoyment of life cannot be included. Also, the compensation for lost earnings tends to be around the two thirds level of what you could have earned if you had remained at work, not the full amount. Calculating Cost of Nerve Damage to Claim The main two costs which are included in a WC settlement are: medical costs and lost earnings. The total amount claimed in medical costs, especially for developed nerve damage, is likely to be the biggest component of a WC claim and it is vital that this is documented as well as possible. The medical costs of nerve damage include: Fees involved in the doctor’s consultation and diagnosis; Tests, e.g. x-rays, scans and blood tests; Surgery; Anesthesia; Any time spent in hospital; Consultation and time spent with a neurologist. Workers’ comp. entitlements do vary from state to state some being more generous than others. If the nerve damage is likely to be long term and you may need to change your job, the claim may include the cost of future medical treatment as well as a lump sum for any semi permanent or permanent disability. The cost of retraining may also be included. Average Nerve Damage Settlement Each nerve damage injury is an individual case, so actual settlements do vary widely. An average for all workers’ compensation payments is around the $20,000 figure. There are exceptions. For example, ulnar nerve damage, a typical injury after a fall, could be less than that figure or much more. Only a small percentage of nerve damage awards are for more than $60,000. What can limit or lead to a rejection of a nerve damage claim is an insurer’s opinion that the injury was not a workplace issue and that it could have occurred elsewhere, such as a result of a sports accident or at home. It is important to have evidence that shows that the nerve damage happened while at work. If it was the result of a single accident at work, then this should be recorded in the company accident record. It may be more difficult to prove a slowly developing problem. Testimony or statements from other workers may be helpful if they confirm a problem that became worse while at work or more specifically because of the job you did. Like all workers’ compensation claims, the better you are prepared with evidence and documentation the more likely your case will be one of the 75% of workers’ comp. claims are that lead to a payment. Pursuing a Workers’ Compensation Claim If you have been involved in a workplace accident, you need to consider pursuing a workers’ compensation claim. Workers’ compensation is a special insurance that covers injured workers who have suffered injuries in a workplace accident. Workers’ compensation includes medical benefits to cover the costs of medical care and it also covers a portion of your wages while you are unable to work. Usually, injured workers receive about two-thirds their regular pay. This will help cover the costs of basic living expenses. In order for a workers’ compensation claim to be successful, it must be filed in a timely manner and the proper state procedures must be followed. A Lump Sum Settlement Some states require the treating physician to assign a disability rating when a worker is released from medical care after a workers’ compensation claim. Based on this rating, a lump sum settlement will be negotiated. Sometimes a worker will not be able to return to work. In those situations, a settlement is negotiated based on the loss of future earnings and the need for medical care in the future. You will need a workers’ compensation attorney to handle your negotiations and to ensure you get treated fairly throughout the process. You don’t want to sell yourself short. You will need this settlement to help you with medical care and living expenses in the future. However, a lot of things must be considered when determining this settlement. As an example, your salary, the severity of your condition, your age, and the source of the accident. Types of Settlements You Could Receive Depending on the level of severity of your nerve damage from your workers' compensation claim, there are four classifications of workers' compensation benefits that a person could receive if you sustained nerve damage from working: Total Permanent Disability (TPD): If your nerve damage is so severe that you may never be able to work again. Permanent Partial Disability (PPD):You will get PPD if your nerve damage did not go away after you fully recovered from your injury. This is for workers who can only do a limited amount due to their nerve damage. Temporary Total Disability (TTD):You Will get TTD if you cannot work because of your nerve damage during your recovery period. People on TTD usually receive about 2/3 of their salary while they recover. Temporary Partial Disability (TPD):You will get TPD if you have released by the workers' comp doctor to return to work part time with some restrictions. Follow Proper Procedures You should notify your employer of any accidents. If a list of approved medical providers is not posted, then ask your supervisor for the list, so you can use a physician that is on the approved register. You will need to make sure the proper paperwork is filed in a timely manner and that all deadlines are met. Failing to meet the deadlines can result in your claim being dismissed. Sometimes legitimate claims are denied because employers believe the injuries are pre-existing or did not happen while on the job. In that case, an appeal must be filed. Consult With A Workers’ Compensation Attorney If you have been hurt on the job and suffered nerve damage, schedule your free case review so your claim can be reviewed. A lawyer will help you determine the best way to proceed with your case.
