Injuries on the job can mean many different things. They can include broken bones, sprained ankles, cuts and even injuries that cannot be seen, such as pinched nerves.
However, when it comes to these injuries that are not seen by the naked eye, it may take a little more than someone who is not experience can handle. In these specific situations, an attorney trained in workers’ compensation law can help ensure that the injured employee receives the compensation he or she deserves.
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What Is Involved in Workers’ Compensation?
Workers’ compensation is a form of insurance available to employees to utilize if they have been injured while on the job. Employees who choose to file a claim for workers’ compensation waive the right to file a personal injury law suit against their employer for the injuries.
The money received through workers’ compensation pays for lost wages and medical expenses, as well as survivor’s benefits for the families of employees who were killed due to the at-work accident.
To receive this compensation, the employee must be injured to the point that he or she is not able to work and perform his or her job due to the injury either through temporary total disability or permanent disability.
Pinched Nerve Injuries
A pinched nerve injury occurs when a herniated disc slips in the spin and presses on the nerves in the body’s spinal cord. The injury may sound small in nature, but it can be extremely painful. When an employee’s job includes a lot of lifting of heavy objects or doing repetitive motions.
Also, if an employee falls or slips or is in a motor vehicle accident, a pinched nerve can result. Workers in warehouses, restaurants, factories, construction sites, mechanics or delivery drivers are frequently sufferers of pinched nerves.
Pinched nerves commonly occur in a person’s back or neck but can also be in the legs, as well. Symptoms can include pain that shoots from the back to the neck, burning or sharp pain in the arm or leg, sharp pain when a person twists his or her back, or a pinching sensation when he or she turns the neck.
The symptoms can also include chronic headaches, numbness and tingling in the arm or legs, and pain over the ear, jaw or face.
Pinched nerves can be extremely painful and debilitating and can make it impossible for someone to function, let alone perform a job. The problem arises, however, in the fact that the injury is not visible.
Another problem occurs when individuals have tried to claim these injuries while not truly having them in the past. Many employers tend to be skeptical when an employee claims a pinched nerve injury.
Many times, pinched nerves do not show up in traditional forms of medical proof such as x-rays, which would normally be submitted to the employer when making the claim. It is for this reason that having an attorney can be useful when making a claim.
Professional Assistance from an Attorney
If an employee has been injured and has suffered from a pinched nerve, an attorney trained in workers’ compensation law can assist in preparing the claim. At minimum, he or she can provide a consultation on what to include in the claim, how much to ask and what objections the employee should expect.
While the workers’ compensation process is often a negotiation, it is always best to prepare a strong case to give in that initial claim first. Having an attorney assist in preparing the claim will give the client a strong start in the process.
If the employer denies the initial claim, stating that the injuries either do not prevent the employee from returning to work or are not significant enough to warrant a claim, an attorney can assist in appealing this denial.
He or she can also prepare a strong medical case to demonstrate the employee’s need to recover and not be at work for an extended period of time.
Contact an Attorney Today
If you have been hurt in an accident while on the job and are suffering from a pinched nerve but are unsure of how to proceed with a workers’ compensation claim, it is always recommended that you contact an attorney to answer your questions.
A licensed attorney trained in workers’ compensation law will be able to review your case and determine your best course of action. To receive the compensation you deserve, contact an attorney in your area today.