Can You Collect Workers’ Compensation for Nerve Damage?
At Silverman, McDonald & Friedman, our workers’ compensation lawyers are committed to helping Delaware workers collect the benefits that they are entitled to receive. Get in touch with our firm in Wilmington, Newark, and Seaford as soon as possible to begin discussing your accident and injuries.
It is common for Delaware workers to suffer nerve damage due to workplace accidents. Nerve damage can suddenly emerge after an accident, or it can develop slowly by doing repetitive tasks over time.
How do workers suffer nerve damage?
Almost all types of workers are at risk of nerve damage. For example, a warehouse worker who constantly lifts heavy items repetitively can suffer nerve damage, and an administrative worker who sits, leans over a computer desk, and types all day can suffer nerve damage as well. Most of the time, this type of damage arises when a nerve is pinched or compressed, stretched, or even torn or severed. Below, we explain the difference between these different types of nerve damage.
- Pinched or compressed: When too much pressure is applied to a nerve, it can cause it to become pinched or compressed. As a result, the nerve can no longer receive blood flow. Your doctor may be able to help you relieve some of the nerve’s pressure, allowing blood flow to reach the area again.
- Stretched: During a workplace accident, it is not uncommon to stretch your nerves, whether by doing repetitive work-related duties or in a traumatic accident. If the stretched nerve is mild, the doctor may recommend massage or physical therapy appointments. However, if you have a severely stretched nerve, you may need surgery to repair it.
- Torn or severed: Serious injuries \often lead to torn or severed nerves. When this happens, the brain cannot communicate or send messages to the area of your body with the torn or severed nerves, which can lead to paralysis. Even though it is very difficult to fully recover from torn or severed nerves, your doctor may recommend multiple surgeries to repair them as much as possible and increase your quality of life.
Is nerve damage considered a permanent injury?
Nerve damage can be considered a permanent injury. While it is possible for some nerves to be repaired or even heal on their own, severely damaged nerves often cannot regrow, be repaired, or return to their normal state before the accident. However, it is important to know that there is a time limit when it comes to repairing nerves. If a year or longer passes by, “the connection between the nerve and muscle dies off and can no longer be restored.”
What are the symptoms of nerve damage?
If you think that you might have nerve damage, there are a few different symptoms you should keep an eye out for, such as:
- A lot of sweating or little sweating
- Feeling lightheaded
- Bladder dysfunction
- Sexual dysfunction
- Dry mouth
- Dry eyes
- Constipation
- Inability to feel pain in the chest
- Muscle weakness
- Paralysis
- Twitching
- Muscle atrophy
- Tingling, burning, or prickling feelings
- Numbness
- Sensitivity
- Constant pain
Examples of nerve injuries that happen at work
Common nerve injuries that may occur at work include:
- Rotator cuff injury: Rotator cuff injuries usually occur when a worker is required to repeatedly perform tasks overhead. For example, carpenters and painters frequently suffer rotator cuff injuries. Individuals with this type of injury have recurring pain and aches, especially around the shoulder area.
- Carpal tunnel syndrome: Carpal tunnel syndrome is one of the most common types of nerve injuries that workers suffer. This injury occurs when a nerve is squeezed or compressed in the hand or wrist. These injuries can result in “permanent dysfunction of the hand.”
- Herniated disk: A herniated disk occurs when a worker’s cushions (disks) between the bones that make up the spine slips or ruptures. When a person suffers a herniated disk, it is common for the nearby nerves to become irritated, resulting in chronic pain, muscle weakness in the limbs, and even numbness.
- Sciatica: When a person has sciatica, they have intense pain traveling along the sciatic nerve’s path. This usually occurs when an individual has a herniated disk or one of their bones places too much pressure on a nerve. As a result, they may have swelling and inflammation, severe pain, and numbness in one of their legs.
- Partial or complete paralysis: If you have lost some feeling and control in your muscles and limbs, you may have partial paralysis. However, if you cannot feel or control your muscles or limbs at all, you may have complete paralysis. Both forms of paralysis occur when the nerves become severely damaged, preventing the brain from being able to communicate with the muscles and limbs. As a result, you may have limited or no function.
- Sprains and strains: Many workers complain of back or ankle sprains and strains. Most of the time, these injuries are caused by injured, pinched, or even crushed nerves.
- Nerve root avulsion: A nerve root avulsion is one of the most serious types of nerve injuries. When a person has a nerve root avulsion, this means that their nerve root has been disconnected or pulled away from the spinal cord. Surgical treatment is almost always required to repair a nerve root avulsion. However, even with surgery, there is a strong chance that it may be irreparable.
Can I collect workers’ compensation for nerve damage in Delaware?
Yes, individuals who suffer nerve damage or injuries due to their work-related duties may qualify for workers’ compensation in Delaware. These benefits will allow you to focus on getting better instead of worrying about going back to work and suffering through pain each day. Even if your nerve damage emerged over time, you may be eligible to receive workers’ compensation. However, you will need to prove that the nerve damage is directly related to your job-related tasks, which a workers’ compensation lawyer can step in and help you with.
If you are ready to file for workers’ compensation for your nerve damage, you will need to ensure that you have informed your employer about your accident and injury, received medical attention, and began collecting evidence to support your workers’ compensation claim. When healing from your work-related injuries, it can be difficult to keep up with all these tasks and deadlines. Consider hiring a Wilmington workers’ compensation attorney from Silverman, McDonald & Friedman at your earliest convenience. We handle the ins and outs of the legal process, while you concentrate on your recovery. Call our office or complete our contact form to schedule your free case evaluation in Seaford, Newark, or Wilmington today.
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Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.