Pinched Nerve Compensation Claims
Pinched nerve injuries can occur to anyone at any time, due to accidents at work, on the road or in a public place.
Almost all types of work environments can lead to people suffering from pinched nerves and other nerve-related injuries. Whilst some nerve injury cases stem from sudden traumatic injuries such as falling over or lifting incorrectly, others may result from repetitive stress. If you have injured yourself at work you may be entitled to make a workers compensation claim.
Regardless of the cause, these injuries can negatively affect your everyday life. Pinched nerves can be painful and debilitating. If left untreated or if the pinched nerve damage is serious, you may even suffer a permanent total or permanent partial disability as a result.
Talk with an experienced workers compensation lawyer to learn more.
Pinched Nerve Injury at Work
Nerve damage caused by a workplace accident or repetitive stress can be debilitating and cause a number of different issues. Pinched nerves can occur in any type of workplace, even if your job is primarily sedentary, you can cause damage to your nerves by poor posture and overuse while undertaking your job.
Most commonly you may cause yourself bruising, tearing, or stretching of a nerve or tissue, due to the repetitive nature of lot of jobs. These nerve injuries can result in complete loss of function or movement (paralysis) or other serious limitations to mobility and strength. These types of injuries can be permanent. It is important to note that if your employer has been negligent in their duty of care to you, and you suffer a nerve-related injury, you may be able to make a claim for workers compensation.
If in the course of your work you sustain a nerve injury, you may be able to undertake a workers compensation and common law claim, in order to assist you in returning to work sooner and to help recoup any lost wages and other expenses.
Pinched Nerve Due to a Motor Vehicle Accident
Motor vehicle accidents have the potential to cause serious damage to many parts of your body. Due to the potential of suffering a whiplash injury, a pinched nerve can occur alongside this common injury. A pinched nerve can also occur due to inflammation in your body. This inflammation can occur in various parts of the body after a car accident as your muscles and soft tissues react to the trauma of the accident.
Nerve damage is most common in and around the spine, and can also occur in the arms. While it is possible for a pinched nerve to resolve on its own, more serious cases that occur as a result of car accidents, should be addressed as soon as possible by a medical professional.
Talk with an experienced motor vehicle accident lawyer for more information.
Pinched Nerve Caused by Slip and Fall
When you slip and fall, there is usually not enough time to assess how you are going to fall to avoid hurting yourself seriously, most of the time a slip or fall happens when you least expect it, and through no fault of your own. A sudden jolt to your head or body during a slip and fall can result in nerve damage. A slip and fall accident, for example, can break or dislocate bones and cause injury to nerves, causing pain or numbness.
If you have suffered a pinched nerve due to an accident in your workplace, on the roads or in a public place you may be entitled to compensation. If this incident was a result of someone else's negligence, then you may be entitled to compensation.
If you are living with nerve damage, you may have trouble walking, swallowing, breathing, speaking, learning and even controlling how your body reacts to certain situations. If you were involved in a car accident or other traumatic event in your workplace or in a public place and are now experiencing similar symptoms, you should seek medical attention as soon as possible.
What Evidence is Required to Make a Pinched Nerve Compensation Claim?
For a nerve-related injury compensation claim you will need to be medically assessed, this usually involves particular tests that reveal the impairment of the nerves and the effect this will have on your ability to earn an income and live your life as you did previous to the injury.
If you have been experiencing the pain from a pinched nerve injury over a period of time, it would be favourable to have witnesses to back-up your claims. This could be from work colleagues, supervisors and managers. These kinds of witnesses will assist with your claim and can confirm your work-related injury.
If you are suffering from nerve damage, it is advisable to seek legal advice with a reputable law firm, before commencing the workers compensation process to advise you in regards to your claim, ensuring you completely understand your legal rights and entitlements.
Is There a Time Limit for Making a Pinched Nerve Workers Compensation Claim?
In Queensland, time limits apply when making personal injury compensation claims. In most cases, you have three years from the time of the injury, however there are some exclusion, so it is wise to seek legal advice if your situation falls outside the 3 year limit. Time limits may also vary depending on which compensation avenue you are looking to take.
Seeking legal advice as soon as you can may assist in making sure you receive any compensation you may be entitled to.
How Much Does it Cost to Lodge a Pinched Nerve Injury Compensation Claim?
We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket, regardless of the outcome of your claim. Specific fee amounts vary based on each claim and the work required. Fees are calculated on the amount of work completed and are explained in full detail to all clients before a matter is opened, and before any agreement is to be signed.
What are the Average Payouts for a Pinched Nerve Injury?
The amount workers compensation benefits you receive are dependent on a number on a large number of factors. Each case is unique when it comes to payouts, and even in the earlier stages of a claim, it is difficult, and often counter-productive to provide estimates of a claim's worth. At the appropriate time, should you pursue a claim with Smith's, we are able to provide guide as to the value of your claim.
The value of a claim takes into consideration the following factors:
- Previous lost income and superannuation
- Future lost income and superannuation
- All past and future medical expenses
- Travel and accommodation expenditure
- Any other medical bills and expenses directly related to your injury
- Care and support costs
- Pain and suffering
Can I Represent Myself When Making a Pinched Nerve Claim?
Any injured person can represent themselves legally when making a common law workers compensation claim (click here to understand the difference between a 'statutory' and 'common law' workers compensation claim), and most statutory claims do not require legal representation. Finalising a successful claim generally requires one to have a thorough understanding of the law, your legal rights and entitlements, and the time and commitment to actively pursue and resolve the case.
Engaging an experienced personal injury lawyer to act on your behalf and advise you has a number of benefits:
- Experience: Experienced lawyers can draw on their experience, this can not only give you a higher chance to receive the maximum compensation available, but also makes the process much more efficient
- Time: Running a self-represented claim can take a considerable amount of time, that can be utilised for other purposes. A law firm is generally set up to perform the work of running claims efficiently, and this works to the benefit of the claimant.
- Knowledge: Lawyers engage in years of study before being admitted, and are committed to ongoing upskilling and increasing their knowledge in relation to their chosen discipline within the law.
- Reputation: Certain law firms have a reputation within the industry, and with insurers, that they stand behind their clients, look for the best outcomes for their clients and will take the claims they believe need to, to court, which is an undesirable outcome for the insurer.
How Long do Pinched Nerve Settlements Usually Take?
A good law firm will do everything possible to make your workers compensation claim as smooth as possible. The length of time it may take to settle your pinched nerve claim is dependent on the complexity of your injuries and the surrounding circumstances, the amount of time it will take for you to reach maximum medical improvement, and a number of other factors. Pinched nerve settlements usually take between 12 - 18 months.
Once experienced lawyers have assessed your potential workers compensation claim they will be able to advise you of the estimated timeframe your settlement may take. They should keep you well informed throughout the legal process.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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