Nerve Damage

Employees Suffering Nerve Damage May File for Workers’ Compensation

After suffering a work-related illness or injury, workers may be entitled to benefits, including lost wages, depending on the type of work-related injury suffered. The Illinois Workers’ Compensation Act (the Act) makes clear that when medical care is reasonably necessary to treat a worker’s injury, it is covered by the Act. Examples of coverage include emergency care, surgery, physical therapy, and medication. Coverage also extends to workers who suffer an injury for pre-existing conditions, such as recurring nerve damage.

Workers’ compensation is a no-fault system which means that benefits are not dependent upon who caused the workplace accident. If a third party such as another driver caused a car accident while a worker was performing a work-related task, the worker may have a viable claim against that party.

Causes of Nerve Damage

Our nervous system controls muscles and regulates breathing. Nerve damage may severely impact a worker’s job performance. When injury is permanent, workers may find themselves unable to return to their occupation. In some situations, nerve damage can lead to disability, requiring ongoing medical care and treatment. For example, workers can suffer shoulder nerve damage, radial nerve compression, and ulnar nerve injuries.

Generally, nerves are affected by tasks that require repetitive motions. The compression or stretching of nerve tissues can lead to damage. Workers may suffer nerve damage from over-extension, or from lifting heavy objects. Broken bones can lead to nerve damage, as can industrial accidents and motor vehicle accidents.

Some workers with underlying disease may endure nerve pain and damage. Workers diagnosed with lupus, multiple sclerosis or cancer can suffer nerve pain. Diabetes can lead to nerve damage, and become more intense as the disease progresses.

Eligibility for Workers’ Compensation Benefits

According to the Illinois Workers’ Compensation system, injured workers may be entitled to different benefits, depending on the seriousness of their harm. The types of benefits may include coverage for medical costs, temporary total disability benefits, permanent total disability or permanent partial disability benefits, and vocational rehabilitation benefits. When a worker has a preexisting condition that leads to nerve damage, they are also eligible for workers’ compensation.

Proving eligibility for workers’ compensation requires that employees show their nerve damage arose out of and was caused in the course and scope of their work-related tasks. A condition that is aggravated at work is also covered by the IWCA. Many courts will require that workers show the aggravation of their nerve damage resulted from a work-related task.

The severity of nerve damage will dictate the type of benefits available, ranging from temporary disability to permanent and total disability benefits. Temporary total disability benefits replace the work wages an employee would have received, until their medical condition improves. Once a worker is no longer totally incapacitated from performing work tasks, they will not be eligible to receive temporary total disability benefits. Temporary partial disability would provide benefits for an employee that can return to work but not in the same capacity as they could before their nerve damage.

Attorneys Helping Residents of Schaumburg and Wheaton

The lawyers at Therman Law Offices help injured employees recover compensation for job-related harm. Our attorneys understand the various injuries that can take place, and work to advance the rights of workers throughout Cook County, including Schaumburg and Wheaton. Our office proudly represents people in Cook County communities such as Addison, West Chicago, Elmhurst, Lemont, as well as Oakbrook Terrace, Clarendon Hills, Bolingbrook, Downers Grove, Darien and Lisle. To schedule a complimentary consultation and receive straightforward, compassionate client representation, reach us online or call 773-545-8849.