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Workers’ Comp and Nerve Pain: Legal Considerations for Work-Related Injuries

— February 6, 2024

Suffering nerve injuries at work and fighting for benefits takes immense physical and emotional strength.

Severe nerve pain stemming from a workplace injury can make your life miserable. You may struggle to work, care for your family, or complete routine daily tasks. If medications, therapy, and nerve blocks fail to provide adequate relief, you may feel desperate and hopeless. 

However, understanding your legal rights and options offers a lifeline. Workers’ compensation provides benefits to employees disabled by on-the-job injuries. Though the claims process poses challenges, reliable medical and legal guidance helps you pursue rightful benefits. 

Consulting a nerve pain chiropractor delivers quality treatment while documenting your injury. Additionally, working with an experienced workers’ comp attorney helps you navigate confusing legal protocols. 

Arm yourself with information and advocate support to successfully claim the benefits your work-related nerve damage deserves. There is hope for regaining functionality and financial security despite crippling nerve pain.

Factors Determining Eligibility For Benefits

The specifics of your nerve injury and treatment heavily influence your eligibility to collect workers’ compensation benefits. To qualify, you must prove:

  • The injury occurred within the course and scope of employment. For example, you hurt your back while lifting heavy materials on a construction site as a required job task.
  • Your work activities or environment directly caused or aggravated the nerve injury. For instance, repetitive overhead motions involved in your job duties led to a pinched spinal nerve.
  • You require medical treatments like medications, spinal injections, therapy, or nerve blocks to manage nerve pain.
  • You may have lasting effects, including chronic pain, disability, loss of strength, numbness, or tingling.
  • You followed all medical advice about treatments, restrictions, and modified work duties. Failure to comply could enable your employer to stop benefits.
  • You timely reported the injury and have consistent medical documentation from the date of injury onwards. Sparse records weaken your claim.

Stringent documentation allows you to satisfy the burden of proving your eligibility for financial assistance and care. Work closely with your healthcare provider and attorney to build a compelling benefits case.

Documenting Your Injury And Treatment

Strong documentation provides critical evidence to support your claim for workers’ compensation benefits. Be diligently thorough in record-keeping, including:

  • Reporting The Injury: Notify your supervisor immediately when the injury occurs, regardless of severity. Provide as many precise details as possible about how it happened.
  • Medical Records: Keep a detailed log of all symptoms, pain levels, physical limitations in range of motion or activity, and medication usage or changes.
  • Doctor Visits: Note the dates of all provider appointments, any referrals for specialists, test results, diagnosis evolution, treatment plans, and work status reports.
  • Therapy Notes: Maintain records about your attendance, progress, modalities used, and duration. Share therapy updates with your treating physician.
  • Medications: List all prescriptions, including dosages with start/end dates. Save pharmacy printouts documenting fulfillment dates.
  • Work Impact: Track dates out of work related to the injury, plus any limitations upon returning (e.g., restricted hours or lighter duties).
  • Expenses: Retain invoices and clear documentation for medical costs, equipment, mileage to appointments, prescriptions, etc.

    Two prescription pill bottles lie on their sides, spilling out reddish and white pills. Other pill bottles sit in the distance.
    Photo by Ben Harvey, via Flickr. CC BY 2.0

Thorough documentation also shows your commitment to reasonably following prescribed recovery advice. Both elements help prove your claim’s legitimacy to obtain full workers’ compensation benefits.

The Appeal Process

You have legal recourse if your workers’ compensation claim gets denied. Consider taking these key actions:

  • Hire An Attorney: A lawyer can prove invaluable when appealing. They handle proper protocols and present persuasive evidence to overturn unjust denials.
  • Gather Medical Records: Supply your attorney with complete documentation from all treating physicians to substantiate the nature and severity of your nerve injury. 
  • Get Witness Statements: Ask colleagues who can attest firsthand to the accident itself or your struggles with pain on the job following it.
  • Continue Reasonable Treatment: Seeing your healthcare provider for appropriate care shows the appeals board your commitment to managing your condition.
  • Highlight Errors: Your attorney can leverage any factual, procedural, or legal errors made in initially denying your claim to strengthen your appeal.
  • Submit Written Arguments: Your legal team drafts and files compelling briefs, making your case for benefits reinstatement under the law.

With dogged determination and legal support, you can successfully overcome the wrongful denial of your workers’ compensation claim. Justice comes from boldly fighting for the financial assistance and medical care that you deserve.

Settlement Considerations

Settling your workers’ compensation claim related to nerve injuries requires careful consideration. A lump-sum settlement generally closes your claim permanently. 

This means you lose access to future medical care and payment for lifelong conditions like chronic nerve pain. Meet with your attorney to weigh the pros and cons before signing any settlement agreement.

Final Thoughts

Suffering nerve injuries at work and fighting for benefits takes immense physical and emotional strength. While the legal road may seem daunting, you don’t have to travel it alone. Rely on trusted medical and legal guidance along the way. Stay persistent in getting the care and compensation you need to manage your work-related nerve pain.

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