Workers Compensation Claims for Nerve Damage: Understanding Your Rights and Options

Nerve damage injuries in the workplace can be both physically and mentally challenging, impacting a person’s ability to function, work, and even enjoy everyday activities. In Queensland, our legal framework provides protection for workers who suffer nerve damage injuries in the workplace, offering access to compensation to cover medical costs, lost wages, and other associated expenses. This guide explains how nerve damage injuries are handled under Queensland workers compensation law, the process of making a WorkCover claim, and why seeking professional advice can make a significant difference.

What is Nerve Damage and How Does it Affect Workers?

Nerve damage can range from mild, temporary effects to severe, life-altering injuries. Common forms of nerve damage include neuropathy, carpal tunnel syndrome, sciatica, ulnar nerve injuries and complex regional pain syndrome (CRPS). Such injuries can result from various workplace activities or accidents, such as lifting heavy objects, repetitive movements, prolonged exposure to vibration, or acute trauma, like cuts or fractures.

Nerve damage injuries can have severe impacts on an individual’s ability to work. Symptoms such as pain, numbness, weakness, or impaired motor skills may limit or prevent workers from fulfilling their usual tasks. Often, nerve damage results in long-term medical treatments, rehabilitation, and, in some cases, even surgical intervention. These factors add to the complexity and costs of recovery, making compensation a crucial factor for injured workers.

Severe nerve damage injuries can develop from what initially seems like a relatively minor injury.  It is important that you seek assistance from medical professionals and lawyers who are experienced in dealing with these types of injuries and claims.

Understanding Workers Compensation for Nerve Damage Injuries

Workers compensation laws in Queensland are designed to ensure that employees injured at work receive financial support to cover medical expenses, rehabilitation costs, and a portion of lost wages. Workers who suffer from nerve damage caused by their work conditions or an accident in the workplace are generally entitled to compensation. However, understanding eligibility and navigating the claims process can be challenging, especially in cases of nerve damage where symptoms and limitations may vary significantly.

In Australia, each state has specific rules governing workers compensation. Generally, in Queensland, a worker must demonstrate that their injury is work-related.  This will require medical evidence (a doctor completing a work capacity certificate) showing that their condition was caused or worsened by their employment. For example, if an employee develops carpal tunnel syndrome due to repetitive typing tasks, they would need medical documentation linking their injury to their job duties.

In this first type of claim, called a statutory claim, you are not required to prove negligence or fault on the part of your employer.  You just need to prove your injury was caused by your work.

If your statutory claim is approved, WorkCover will pay a portion of your wages (generally starting at 85% of your average earnings, but this can vary) and your reasonable treatment and medical expenses.  This will continue until your work-related injuries reach a point where they are stable and stationary, meaning they are unlikely to improve with further treatment.  Benefits will normally cease after a maximum of 2 years unless they reach a certain threshold.

If you have been left with permanent injuries, you may also be entitled to make a common law claim for damages.  This second type of claim may be available if you can show that your employer or another company has been negligent and caused your injuries (in other words, they have done something wrong and failed to meet their duty of care).  If both your employer and another company have been negligent (for example, if you work on a building site – your employer and the principal contractor) you could be entitled to make two claims which opens a larger pool of damages for you.

A common law claim for damages can be significant.  At the time of drafting this article, the average WorkCover common law claim in Queensland settled for around $190,000.

You can read more about common law claims here.

Common Causes of Work-Related Nerve Damage

Nerve damage injuries in the workplace may arise from a range of causes. Some of the most common include:

1. Repetitive Motion: Typing, data entry, and similar repetitive activities can lead to nerve compression, particularly in the wrist, resulting in carpal tunnel syndrome.

2. Prolonged Vibrations: Workers who use vibrating tools, such as jackhammers, are prone to developing nerve damage due to sustained vibrations affecting the nerves.

3. Accidents: Traumatic incidents, such as falls, fractures, or cuts, can cause nerve damage if nerves are directly injured or compromised during the accident.

4. Heavy Lifting: Lifting or carrying heavy objects regularly can lead to spinal compression, often affecting nerves around the spine, leading to conditions like sciatica.

5. Chemical Exposure: In certain industries, prolonged exposure to certain chemicals can lead to nerve damage, particularly in industries like manufacturing or agriculture.

Symptoms and Diagnosis of Nerve Damage

Identifying nerve damage is crucial in pursuing a workers compensation claim. Symptoms may include:

·       Persistent pain or a burning sensation

·       Numbness or tingling in the affected area

·       Muscle weakness or paralysis

·       Increased sensitivity to touch or temperature

·       Impaired motor skills or coordination

Diagnosing nerve damage requires a medical examination, often involving nerve conduction studies, electromyography (EMG), and other neurological assessments. It is essential for injured workers to seek immediate medical help and get a thorough diagnosis. Not only does this facilitate appropriate treatment, but it also establishes a medical record that can support their workers compensation claim.

The Workers Compensation Claims Process for Nerve Damage

The process for making a workers compensation claim in Australia involves several key steps:

1. Report the Injury: It is essential to notify your employer as soon as possible after noticing symptoms or experiencing an injury. It is important to keep a record so ask for an incident report to be completed and get a copy of the report.  Alternatively, email or text your boss the details of the incident so there is a record.

2. Seek Medical Help: A thorough medical evaluation and diagnosis are critical for substantiating your claim. Ask your doctor, or the hospital, to complete a WorkCover Queensland Work Capacity Certificate, as this will be needed to start your WorkCover claim.

3. Submit Your Claim: Either call WorkCover Queensland or complete a claim form on WorkCover’s website.  Make sure you submit your Work Capacity Certificate.  When completing details about the incident, be thorough and truthful.

4. Undergo an Evaluation: Insurers may request an independent medical assessment to confirm the extent of your injury and its impact on your ability to work. This assessment helps determine acceptance of the claim and the level of compensation.

5. Receive Compensation: If your claim is approved, you will receive compensation to cover your medical costs, rehabilitation expenses, and a portion of your lost wages (usually 85%). In cases of severe nerve damage resulting in permanent impairment, you may be eligible for a lump-sum payment.

6. If you are able to prove your employer was negligent, you may be entitled to make a common law claim.  This is a legal claim and can be complex.  WorkCover will appoint lawyers at this stage, so it is important you get a specialised personal injury lawyer to represent you.

7. Appeals and Disputes: If your claim is denied, you can seek a review or appeal the decision with the Workers Compensation Regulator.

Challenges in Nerve Damage Workers Compensation Claims

Workers compensation claims involving nerve damage can be more challenging compared to other injury types. Nerve damage is often complex, with symptoms that may be invisible and difficult to measure. Pain, for instance, is subjective, making it harder to quantify in compensation claims. Orthopaedic surgeons may not be able to fully diagnose an injury and it may be necessary for you to see pain specialists and other doctors who are more familiar with your type of condition.  Further, recovery timelines vary significantly; some individuals recover in a few months, while others suffer lifelong effects.

Another challenge is proving causation. Since nerve damage can develop gradually, WorkCover may argue that the condition was due to pre-existing conditions or lifestyle factors, rather than work-related causes. To successfully navigate these challenges, workers often benefit from legal assistance, particularly in gathering and presenting medical evidence and in dealing with insurers.  We have a network or preferred medical specialists who we use to build your case and increase the chances of your claim being accepted and to maximise the compensation you are entitled to.

Why Seek Legal Assistance for Your Workers Compensation Claim

If you are dealing with nerve damage from a workplace injury, understanding the workers compensation process can be complex. These matters often involve medical evidence, diagnosis, and causation issues, especially where symptoms are difficult to measure or the condition develops over time. Clear information about reporting the injury, seeking treatment, and gathering supporting documents can be important.

At Best Injury Lawyers, we provide legal services in Queensland personal injury law, including workers compensation matters involving nerve damage. We offer a free initial consultation, act on a no win no fee basis, fund disbursements on the client’s behalf, cap legal fees at 30% + GST, and do not charge an uplift fee.

Our team can provide information about statutory workers compensation claims, when a common law claim may be available if negligence can be shown, and the medical and employment evidence often needed to progress a matter. Clients are assigned a dedicated lawyer and paralegal, with clear communication throughout the process.