Can I Get a Workers' Comp Settlement for Nerve Damage?

The Short Answer:

Yes, you may be eligible for a workers’ comp settlement for nerve damage if your injury is work-related. However, proving that your nerve damage was caused by your job can be challenging, and the amount you receive depends on multiple factors like the severity of the injury, how it affects your ability to work, medical costs, and whether you have legal representation.

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Key Takeaways:

• Legal Help: Having a work injury lawyer can significantly influence the outcome and value of your settlement.
• Eligibility: You can receive a workers’ comp settlement for nerve damage if the injury is job-related.
• Challenges: Nerve damage is often harder to prove compared to visible injuries, so documentation and medical evidence are critical.
• Compensation Amount: Settlements vary widely, typically from tens of thousands to several hundred thousand dollars, based on the injury’s severity, long-term effects, and other factors.
• Coverage: Settlements may cover medical bills, lost wages, disability benefits, pain and suffering, and vocational rehabilitation.

Was Your Nerve Damage Caused by Your Job?

Unlike broken bones or visible wounds, nerve damage is often an “invisible injury,” which can make proving its connection to your job more difficult. Symptoms such as tingling, weakness, numbness, or shooting pain may not appear immediately after an incident. 

Nerve damage can stem from many causes, including pre-existing conditions or injuries that happen outside the workplace. If the insurance company can argue that your condition wasn’t work-related, they may deny your claim or offer a lower settlement. Documenting the injury as soon as possible and seeking evaluation from a medical specialist can significantly improve your chances of securing a fair outcome.

Types of Work-Related Nerve Damage

Nerve damage can occur in a wide range of work environments, from office jobs to construction sites. Nerve injuries can interfere with your ability to perform your job and live comfortably. Below are some of the most common types of work-related nerve damage:

How to Prove Your Nerve Damage Is Work-Related

To receive a workers’ compensation settlement for nerve damage, it’s not enough to show that you’re injured—you must also prove that your injury is connected to your job. Because nerve damage can be difficult to detect and may not show up on standard imaging tests, building a strong case requires careful documentation and consistency.

• Seek medical attention immediately: The first step is to get medical care as soon as symptoms appear. Delaying treatment can make it harder to link the injury to your job. Be sure to describe your job duties and how your symptoms began during your visit, so your doctor can note any potential work-related causes in your records.
• Get evaluated by a specialist: Nerve damage often requires confirmation from a neurologist or another specialist. Tests like electromyography (EMG), nerve conduction studies, or MRIs can provide objective evidence of nerve dysfunction. These tests can be critical in proving that your symptoms are real and not caused by another condition.
• Report the injury to your employer promptly: Notify your employer of the injury as soon as possible. Failing to report it within the required time frame could jeopardize your claim. Make sure to file an incident report and keep a copy for your records.
• Be consistent across all documentation: Consistency is key. Any differences in the timeline or details between your injury report, medical records, and witness statements can be used to question the validity of your claim. Be accurate and thorough when describing your symptoms and how the injury occurred.
• Collect witness statements and additional documentation: If anyone witnessed the incident that led to your injury or observed your symptoms worsen over time, ask them to provide a written statement. Timecards, workplace logs, or security footage may also support your claim by showing when and where the injury occurred.

By combining medical evidence, prompt reporting, and thorough documentation, you can strengthen your case and increase your chances of receiving fair compensation for work-related nerve damage.

What Does a Workers’ Comp Settlement for Nerve Damage Cover?

A workers’ comp settlement for nerve damage may cover a range of benefits depending on the severity of your injury and how it affects your ability to work. Typical coverage includes:

• Medical treatment and ongoing care: This includes doctor visits, hospital stays, physical therapy, surgery, and prescription medications related to your nerve damage.
• Temporary or permanent disability payments: If you’re unable to work for a period of time or cannot return to your previous job, workers’ compensation may provide temporary or permanent disability benefits.
• Lost wages and reduced earning capacity: Workers’ comp typically pays about 2/3 of your average weekly wages while you’re out of work due to your injury. If you’re forced to work reduced hours, take a lower-paying job, or stop working altogether, your settlement may also reflect your reduced earning capacity.
• Vocational rehabilitation or job retraining: If you can’t return to your original job, you may qualify for training programs that prepare you for a different line of work.
• Pain and suffering (in some cases): Workers’ compensation does not cover pain and suffering. However, if your nerve damage was caused by a third party—someone other than your employer or a co-worker—you may be able to file a work injury lawsuit, which could include compensation for pain, suffering, and emotional distress.

Every case is different, but a comprehensive settlement should address both your immediate and long-term needs as you recover from your work-related nerve injury.

What Factors Affect the Value of a Nerve Damage Settlement?

Several key factors can influence how much compensation you may receive in a workers’ comp settlement for nerve damage. These include:

• Severity and permanence of the injury: More serious or permanent nerve damage typically results in higher settlements, especially if it affects mobility, sensation, or function long-term.
• Impact on your ability to work: If the injury prevents you from returning to your job or limits your work capacity, you may be entitled to additional compensation for lost earning potential.
• Cost of current and future medical care: Settlements often take into account not just what you’ve already spent on treatment, but also the expected cost of ongoing therapy, medication, or surgeries.
• Your occupation and wages at the time of injury: Higher-paying jobs or careers that rely heavily on physical labor may result in larger settlements due to the greater financial impact of being unable to work.
• Whether you have legal representation: Having an experienced workers’ comp attorney can significantly increase your settlement by helping you gather evidence, negotiate with insurers, and avoid undervaluation.
• Insurance company tactics and policy limits: Insurers may try to minimize payouts, but the final amount can also depend on the coverage limits of your employer’s policy and how aggressively your claim is handled.

Nerve damage settlements can range from tens of thousands to several hundred thousand dollars, especially in cases involving permanent disability or long-term care needs. Each of these factors plays a role in shaping your final settlement offer, which is why thorough documentation and legal support can make a major difference in the outcome.

Do You Need a Lawyer for a Workers’ Comp Nerve Damage Case? Call The McMahan Law Firm

If you think you are suffering from nerve damage due to working conditions, contact the personal injury and workers’ compensation attorneys at The McMahan Law Firm. We know the ins and outs of Tennessee workers’ compensation laws and will help you receive your due compensation. These cases can take time, so don’t hesitate to contact us for more information.