Nerve Damage Workers Compensation Lawsuit
Filing a Workers Compensation Lawsuit for Nerve Damage
Under California Workplace Compensation Laws employees injured on the job are entitled to compensation for medical treatment, temporary or permanent disability payments corresponding to the severity and length of injury, as well as SSD an SSDI benefits. What Our Law Firm Stands For: The goal of our attorneys is to provide the legal representation required to achieve the workers compensation settlement necessary to provide for the justice deserved. Maximizing the probability of success is our job; healing form your wounds is yours. Let’s work together to make sure justice is delivered. Common Types of Nerve Injury: Severe types of nerve damage can result in permanent disability requiring extended medical, rehabilitation and disabled care. Requirements for the life and well being of the injured can cost upwards of millions of dollars. Some of the most common types of nerve injury include- Full or partial paralysis of the limbs
- Back nerve damage including sciatica, Lumbar, and Herniated Disc
- Nerve injuries to the hands resulting from overuse including Carpal Tunnel Syndrome and pinched nerve
- Radial Nerve Compression
- Shoulder Nerve Damage – rotator cuff injury
- Facial nerve damage – bells palsy
- Thoracic outlet syndrome and other central nervous system injuries
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- Electrocutions
- Falls from High Places
- Broken Bones
- Slip and Fall Accidents
- Auto Accident Resulting in nerve Damage
- Industrial Accidents
- Construction Related Accidents
- Over-extensionand lifting of heavy objects
According to the State of California’s labor laws, a workplace compensation claim must be filed within one year of the date of the injury or the date in which a employers has mailed by first class mail a claim form and a notice of potential eligibility for benefits to the injured employee. This means that if you fail to file a lawsuit within a year, you will not be able to receive any compensation at all and you will be fully accountable for all the damages.
It can be difficult to pinpoint these dates, especially if you have suffered great injuries. If you alerted your employer immediately, you will likely be in the clear, as there will often be a record of such notification.
It is possible for the statute of limitations to be extended past the deadline, though. In most worker’s compensation cases, this is due to the defendant leaving the state for a period of time. An owner may vacate the state in the hopes that the worker will not pursue a claim, but the statute will not count down until he returns. In some cases, the injured worker may have been seriously injured to the point that he was no longer in his right mind or was physically incapacitated. This can cause the statute of limitations to be frozen until he returns to normalcy.
There are two main reasons that worker’s compensation cases often fail to get filed. The first is because of a fear of retaliation the employer. However, such retaliation is legal, and you would be able to pursue an additional discrimination claim on top of the worker’s compensation case. The second is due to not knowing the proper statute in the first place. It is crucial that you speak with a skilled worker’s compensation attorney who can help you with your nerve damage claim so that you do not miss any important deadlines.
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