Nerve Damage Injury – A Guide to Claiming Compensation

Your nerves are important as they send signals between different parts of the body that allow you to operate normally. Nerves are used in almost every action taken by the body and, as such, nerve injuries can have a massive impact on your ability to function normally. If you have suffered a nerve injury in an accident at work that was caused by your employer, you might be entitled to claim compensation for any suffering caused. This guide explains when you might be able to make a nerve damage claim and how the claims process works.

We can help if you’re thinking of claiming nerve damage compensation. If you call, an advisor will review your case for free and go through your legal options. If it looks like a claim against your employer is feasible, you could be connected to one of our solicitors. Should they agree to take your claim on, they’ll manage it on a No Win, No Fee basis.

To learn more about claiming compensation for nerve damage at work, you can:

• Call us on 0333 241 2519 to discuss your case.
• Use our live chat system at a time that’s convenient for you.

Read on for more on nerve damage compensation claims but please feel free to call us if you have any questions.

What Is Nerve Damage?

Nerve damage, medically referred to as neuropathy, involves harm or injury to the nerves, which disrupts the normal functioning of the nervous system.

The nervous system is divided into two main parts: the central nervous system (consisting of the brain and spinal cord) and the peripheral nervous system (comprising all other neural elements). Nerve damage can occur in either system but is most commonly associated with the peripheral nerves.

Symptoms of nerve damage can vary widely depending on which nerves are affected and may include:

• Numbness, tingling, or a pins-and-needles sensation, particularly in the hands or feet.
• Sharp, burning, or throbbing pain.
• Sensitivity to touch or changes in temperature.
• Muscle weakness or paralysis if motor nerves are affected.
• Difficulty with coordination and balance.
• Changes in blood pressure, leading to dizziness or lightheadedness.
• Problems with bladder control or bowel function.

While some of the symptoms of nerve damage are constant, others might come and go. In most cases, any type of nerve damage at work can lead to both physical and psychological suffering that can affect your ability to work or function properly.

If you’ve sustained a nerve injury in an accident at work, you might be entitled to sue your employer for the suffering you’ve endured.

Can I Make a Nerve Damage Claim?

Whatever type of work you’re employed to do, your employer has a legal duty to protect your welfare. While various laws can be used to establish this duty, the Health and Safety at Work etc. Act 1974 will apply to many nerve damage claims.

This duty means that practical steps should be taken by employers to make the workplace as safe as possible. For instance, they could:

• Perform workplace risk assessments regularly.
• Train staff on current health and safety procedures.
• Provide personal protective equipment (PPE) for risks that can’t be managed in other ways.
• Ensure all workplace equipment and machinery is properly maintained and faults are repaired swiftly.
• Consider other ways of working to reduce the risk of workplace injuries.

You might be able to claim compensation for work-related nerve damage if:

• At the time of your accident, you were owed a duty of care by your employer; and
• The accident was caused by your employer’s negligence; and
• You have suffered a nerve injury in the last three years that can be linked directly to that accident.

To see if you have a nerve damage claim, please call the number above to discuss your case with one of our specialists.

What Types of Negligence Can Lead to a Nerve Damage Claim?

Many types of accidents at work can result in nerve injuries. Remember, though, you’ll only be entitled to claim compensation from your employer if it can be proven to have been caused by your employer’s negligence.

Some examples of when that might be the case include:

• If you fell from a ladder and injured nerves in your spinal cord because you’d not been trained on how to safely work at a height. As a result of your fall, you were left paralysed from the waist down.
• Where you have been diagnosed with carpal tunnel syndrome because your median nerve was damaged after conducting repetitive tasks for prolonged periods.
• If you suffered a brachial plexus injury after being crushed in a warehouse by a forklift that was operated by an untrained driver.
• Where the radial nerve was damaged after breaking your arm in a fall are slipping on a wet floor because a freezer that was known to be faulty was leaking.
• If you’ve been diagnosed with Vibration White Finger (VWF) because your employer failed to provide anti-vibration gloves or because they wouldn’t consider using low-vibration tools.

Don’t worry if we’ve not listed your injury or accident here. So long as your nerve damage can be linked to your employer’s negligence, we could help you to begin a claim.

What Should I Do If I’ve Sustained Nerve Damage in the Workplace?

If you suspect you’ve sustained nerve damage in the workplace, you could:

• Seek medical advice from your GP. Early intervention can prevent further damage and start your recovery process.
• Inform your employer about the nerve injury as soon as possible.
• Ask if an occupational therapist could review your working practices.

Taking the steps listed here could enable your employer to try and improve your working conditions. If they don’t do anything and you are subsequently diagnosed with work-related nerve damage, you could have grounds to seek compensation for your suffering.

What Evidence Can Be Used for Nerve Damage Injury Claims?

If you are to win compensation for work-related nerve damage, you’ll need to prove how your injuries occurred and why your employer is liable for them. Therefore, in nerve damage injury claims, the following evidence could all be useful:

• Photographs and video footage taken at the accident scene.
• Medical records and reports to help prove your case.
• Statements from anyone who witnessed your accident.
• Emails, text messages and other types of correspondence linked to your working conditions.
• Details of any expenses you’ve incurred due to your injuries.

If you have collected any evidence to help prove your case already, contact us now to see if we can help you to start a personal injury claim against your employer.

How Long Do I Have To Claim Never Damage Compensation?

The law states that personal injury claims in the UK have a 3-year time limit. That timeframe generally begins on:

• The date of the accident that caused your nerve injury; or
• The date that your nerve injury was diagnosed in cases of RSI injuries at work for instance.

In more serious cases such as claims for paralysis or brain injuries, the time limit may be waived if the injured party lacks the mental capacity to take action. When that happens, a friend or loved one could seek compensation on the claimant’s behalf at any point.

Ideally, you should start your claim as soon as you’re able to. That’s because you will need time for evidence to be collected and other processes to be followed before the claim is sent to your employer.

If you’d like to confirm how long you have to begin a claim, please get in touch today.

What Compensation Can I Claim for Nerve Damage at Work?

If you successfully claim compensation for a nerve injury at work, the amount awarded will be based on how badly you’ve suffered, how long you’ll be affected any and financial implications your injuries have caused.

To ascertain the level and extent of the suffering caused by your nerve damage at work, your solicitor will use medical records and independent medical reports. This evidence will help them to value your claim.

In addition, you could receive nerve damage compensation for expenses linked to your injuries including:

• Medical and rehabilitation costs.
• Home modifications to improve your quality of life (for more serious nerve injuries).
• Lost income.
• Travel costs.
• The cost of care.
• Future loss of earnings.

If you make a claim for compensation for a serious nerve injury such as those resulting in paralysis, a lump sum payment might be awarded along with annual payments to cover such costs for the rest of your life.

Can I Claim Compensation for Nerve Injuries if I’m Not Employed Full-Time?

We discussed how employers have a duty of care toward their staff’s safety at work earlier in this guide. That duty covers all types of employees regardless of their employment contract.

Therefore, if you suffer nerve injuries because the person you’re working for was negligent, you could be entitled to compensation. Amongst others, that covers zero-hours staff, agency workers, the self-employed, consultants and subcontractors.

Will I Be Fired If I Claim for My Nerve Injuries?

It is illegal for your employer to take action against you for starting a personal injury claim against them for a legitimate injury.

Being singled out in any way because of your claim could result in separate legal action to claim for unfair or constructive dismissal. That means you shouldn’t be demoted, sacked, bullied or denied promotion just because you’ve made a nerve damage compensation claim.

Will I Need a Solicitor to Make a Nerve Damage Compensation Claim?

In theory, it’s possible to make a personal injury claim against your employer without taking on legal representation. However, using a specialist solicitor should simplify the process and could lead to a fairer compensation payment if the claim is successful.

Some of the ways in which a personal injury solicitor can help if you claim nerve damage compensation include:

• Finding the right evidence to prove your case.
• Liaising with your employer and ensuring the claim is filed correctly.
• Negotiating on your behalf and fighting your corner where objections are raised.
• Ensuring you’re fully aware of how your claim is progressing.
• Using their legal skills and experience ensure any settlement offer is completely fair.

Importantly, our accident-at-work solicitors provide a No Win, No Fee service by using a Conditional Fee Agreement (CFA). This means that you:

• Won’t pay your solicitor for their work in advance.
• Don’t pay for your solicitor’s work if the claim fails.
• Will only pay your solicitor’s success fee if the claim is won.

Success fees are a percentage of any compensation awarded which, when using a CFA, are capped at 25 per cent of your settlement.

To check if you could make a No Win, No Fee nerve damage claim, please call today.

Do Nerve Injury Claims to Go to Court?

In our experience, many less serious nerve damage claims are not handled by courts. Instead, insurers and lawyers representing both parties in a claim will want to settle the claim in an amicable manner if at all possible.

More serious claims involving life-changing injuries may end up in court especially where the claimant needs to be represented by a litigation friend. This may be necessary to help ensure that any compensation award is fair and covers all of the claimant’s long-term needs.

Contacting Us About a Nerve Damage Claim

You can request free advice on your chances of claiming compensation for nerve damage by:

• Phoning our legal advisors on 0333 241 2519.
• Connecting to our online chat service night or day.

If you get in touch, we’ll conduct a completely free and no-obligation assessment of your case. While there is no obligation on you to proceed with legal action after your call, it’s worth noting that all nerve damage claims taken on by our solicitors will proceed on a No Win, No Fee basis.