Can I Include Nerve Surgery in a Workers’ Compensation Claim?

Unfortunately, workplace accidents often lead to injuries that include nerve damage. Nerve damage can be debilitating and result in severe pain, so you might be out of work for a while. If you have suffered a workplace injury, you are eligible to receive workers’ compensation benefits. While each state sets its own workers’ compensation laws, workers’ compensation is a special insurance that most employers across the country are required to maintain to protect themselves and their employees. If you are hurt at work, notify your supervisor as soon as possible so an accident report can be completed and the proper paperwork can be filed.

Workers’ Compensation Benefits

Workers’ compensation includes medical benefits, which cover the cost of your medical care for treating your workplace injury, and benefits to cover a portion of your wages. You are generally paid about two-thirds your regularly salary while you are unable to work because of your workplace injury. If your injury led to nerve damage, which requires surgery, that surgery should be covered by workers’ compensation as long as you are seeking care from a physician that is on the approved workers’ compensation provider list available from your employer. The surgery cannot be optional but must be recommended by the specialist in hopes of lessening or completely healing your condition.

Can I include nerve surgery in a workers' compensation claim?

The Complexity of Workers’ Comp Claims

Even if you know you were injured on the job and you have witnesses to the accident, your claim approval is not guaranteed. Many claims are denied, or benefits are stopped because employers or their insurers believe that the injury was not from the accident in question or that the condition was pre-existing. Because of these situations, you need a workers’ compensation attorney representing you and aggressively pursuing your claim. Nerve injuries are serious and nerve surgery involves a lengthy recovery and ongoing medical care. You will need access to your workers’ compensation benefits while you are recovering.

The Lump Sum

Usually, your physician will give you a disability rating after you are released from medical treatment. Often, a lump sum settlement is based on your long-term affects from this injury. Nerve injuries can haunt you for years to come, so your attorney will make sure your entire condition is thoroughly reviewed and every aspect is considered when this settlement is being negotiated. These claims are complex and require documentation, evidence, and a detailed review of all circumstances.

Consult With a Workers’ Compensation Attorney

If you were in a workplace accident that led to nerve damage and you are going to need nerve surgery, consult with a workers’ compensation attorney. Your lawyer will ensure your claim is filed efficiently and effectively. These are complex claims that require experience in handling such cases. Don’t risk losing your benefits. Enlist the help of a knowledgeable attorney. Complete the Free Case Evaluation Form, so you can have your case reviewed by a workers’ comp attorney and you can determine the best way to proceed.