A workers comp nerve damage settlement is hard to price because nerve pain does not show on a plain X-ray. The value turns on three things: which nerve was hurt, which tests prove it and how much care you will need in the years ahead.
Where the nerve is changes the math
A nerve hurt in a hand, arm or leg is often rated as lost use of that limb. New York's schedule, for one, rates the arm, hand and leg by the percent of use you lost for good.
Damage from the spine or pain that spreads past one limb, is often rated against the whole body. Texas pays three weeks for each point of a whole body rating.
Carpal tunnel is a nerve injury too. Illinois caps it at 28.5 to 57 weeks of the hand; see the carpal tunnel page.
CRPS and burning pain after an injury
Complex regional pain syndrome or CRPS, can follow a crush, a break or even surgery. New York's guide calls it a severely painful condition most often tied to a recent injury.
Doctors look for a set list of signs: burning pain out of line with the injury, skin color or heat changes, swelling and pain from a light touch. Get those signs written down at each visit.
Insurers doubt CRPS more than most claims. A clear diagnosis early makes the rest of the case easier.
Tests that prove nerve damage
Nerve claims are won with tests, not just words. Ask your doctor whether these fit your case:
- A nerve conduction study or EMG, which measures how signals move.
- An MRI of the spine if pain runs down an arm or leg.
- Notes on grip, numbness, skin changes and what you drop.
A gap in treatment gives the insurer room to say you got better. Keep your visits and tell each doctor the same story.
Future care and spinal cord stimulators
Long term nerve pain can mean drugs, blocks and devices for years. New York lists a spinal cord stimulator as an option for highly select CRPS patients. One condition is a poor response to other care, generally for at least 6 months.
That kind of care costs real money, so it belongs in any deal. If Medicare may pay later, part of the money may go into a Medicare set-aside.
When nerve damage is total
Florida presumes total disability after a spinal cord injury with severe paralysis of an arm, a leg or the trunk.
Texas pays lifetime income benefits when a spine injury causes lasting, complete paralysis of both arms, both legs or one arm and one leg.
Less severe cases can still mean you never go back to your old job. That lost earning power counts too.
Settling a workers comp nerve claim
- Wait for a final rating and ask which body part or whole body table it uses.
- Price the future care before you talk numbers.
- Have any offer read line by line.
There is nothing to pay at the start. The lawyer's cut comes from the recovery and your state limits it. Dates to file and appeal are on your page in workers comp by state.
People also ask
How much is a nerve damage claim worth?
It depends on your rating, the body part or whole body table used, your wage and your future care. Pain that limits work raises it.
Is CRPS covered by workers comp?
Yes, when a doctor ties it to the work injury. Expect the insurer to question the diagnosis, so get the signs on record.
Can nerve damage show up months after a work injury?
Yes. Tell your doctor as soon as numbness or burning starts and report it as part of the same claim.
Should I settle before a spinal cord stimulator trial?
Usually not. Knowing whether you need the device changes what the deal must cover.