Very often the most serious element of an injury suffered at work is the effect on a claimant's nerves. Many so-called "strain and sprain" or "contusion" injuries can actually involve nerve damage. Nerve damage from an injury can be permanent or very long-term.
Many types of nerve damage caused by a work injury can be detected or confirmed by proper diagnostic testing, such as an EMG test or a Nerve Conduction Velocity test. Often these tests are performed together. They can identify injuries such as Carpal Tunnel Syndrome, Cervical Radiculopathy or Lumbar Radiculopathy (from nerve root compression in the neck or low back, creating nerve damage and nerve symptoms into the extremities), Radial Tunnel Syndrome, Ulnar Neuritis, Brachial Plexopathy, Thoracic Outlet Syndrome and many other forms of nerve damage. Proper testing can also rule out or better identify "systemic" causes for nerve symptoms, such as peripheral neuropathies, which an insurance-oriented medical examiner may try to argue shows a cause for symptoms that is separate from or unrelated to any work injury.
Because the presence of nerve damage can explain why a worker may have difficulty recovering from a work injury or help to document disability from work that may be long-term, insurance company referred doctors try to avoid recognizing the signs of nerve damage from a work injury. They may avoid performing proper testing -- or may manipulate the timing of the testing to suit the insurance company's needs and wishes in the hopes that this will keep them busy with additional insurance company referrals. Specifically, if an EMG/NCV is performed too soon after a work injury, it will not provide a reliable picture of the nerve damage suffered as a result of that injury. This is because the testing generally reflects the scarring of nerve tissue that occurs in response to a trauma at work, and the scarring may take weeks to manifest after the injury. At the same time, waiting too long after a work injury to perform diagnostic testing can also work against the interests of the injured worker and benefit the employer -- in that testing long after a work injury may suggest that the problems detected are "chronic" rather than "acute", meaning damage that is long-standing rather than recent -- so that insurance company doctors can argue that the problems reported may have been present even before a work injury, or argue that the timing of the onset can not be traced to the injury event. This is one example of the kind of manipulation of the medical evidence we see for claimants with work injuries who fall under the care of insurer-referred physicians without seeking other options or advice as to their rights. In many cases, injured workers coming under the care of insurer-referred doctors are simply denied the care and the diagnostic testing necessary to identify and document the nerve damage that may occur with a work injury.
Our office can help, with the advice and guidance you need to help you steer the right course to protect and advance your workers compensation rights when you suffer nerve injury symptoms from a work injury where the company doctors recognize nothing but sprain and strain. We can advise you on treatment options and even on the timing of appropriate diagnostic testing to best secure your own interests and avoid insurance company traps that might otherwise work strongly against your claim. Our efforts and our advice can help put you in the best possible position to get the benefits you deserve and to compel the employer and its insurance company to properly compensate you for the effects of nerve damage caused by a work injury, including with a lump sum settlement appropriate to the long-term effects of your injury when the time is right for you.
Please call us today at (484) 453-8144 to discuss your claim and learn how we can help.
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Current Workers Compensation Client
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144