Michigan lawyer discusses a pinched nerve workers’ comp settlement when an employee files claim.
We know how difficult it can be to navigate workplace accident laws after getting hurt on-the-job. Insurance companies take advantage of people who do not understand their legal rights. Here is some information about a pinched nerve workers’ comp claim and how to get a fair settlement.
Many of our clients suffer from a herniated disc. This can result in pressure on a nerve. Symptoms include pain, tingling, numbness, and weakness. It is common for pain to travel down legs or arms. This is called radiculopathy and it is a serious medical condition. Treatment consists of physical therapy, prescription medications, injections, and surgery.
Workplace accident insurance is supposed to pay 100% of medical treatment without any copayments or deductibles being owed. Disabled employees should also get wage loss benefits equal to 80% of their after-tax average weekly wage. Vocational rehabilitation is also covered and helps people transition to new careers.
Insurance companies do not like accepting pinched nerve workers’ comp claims because of the potential for a large payout. Many of our clients who suffer from this workplace injury have trouble getting back to their jobs. Even activities of daily living such as cooking, cleaning, and shopping become much harder.
Insurance companies send disabled employees to an independent medical examination (IME) hoping to find some evidence that medical problems are not work-related. These doctors are not “independent” and make careers out of testing for insurance companies. Watch out for diagnoses like stenosis and degenerative disc disease. These are often used as justification for a dispute based upon a preexisting condition.
About Pinched Nerve Workers’ Comp Settlements
Michigan law allows disabled employees to trade workplace accident benefits for a cash payment. Settlement is an attractive option for people who want to move on with their lives. Settlement money can be used for medical treatment, vocational rehabilitation, paying off debt, starting a business, or retirement.
The amount paid for pinched nerve workers’ comp settlement depends upon several different factors. Insurance companies look at future medical needs and how long a person is expected be disabled from work. Age, education, and occupation also play critical roles.
Watch out for lowball settlement offers. Our experience shows the best way to get a fair settlement is to develop medical and vocational evidence. Insurance companies will usually pay a multiple of the weekly rate up to 5 years.
Individuals who are collecting benefits have the right to select their own doctor after 28 days from the start of medical care. Find a doctor who listens to pain complaints and ask if they will support causation. Work restrictions should be determined by a treating doctor. Do not let the insurance company get away with stopping benefits prematurely.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.