An employee that’s been seriously injured on the job deserves every benefit from a Complex Regional Pain Syndrome (CRPS) workers’ compensation settlement claim. CRPS is a painful debilitating condition with no known cure available. And while employees that suffer from CRPS are eligible for workers’ comp in California the settlement claims process is complex. Getting fully compensated is challenging. People dedicated to their jobs commonly end up losing to a system that does not favor them.
Thomas DeBenedetto & Associates Workers’ Compensation Attorneys in San Diego have over 33 years of experience representing injured workers with difficult CRPS or Reflex Sympathetic Dystrophy (RSD) claims. Move forward on your CRPS claim by understanding how experienced legal representation can be invaluable to getting what you deserve with this post.
CRPS is an agonizing pain sensation in the nervous system that medical professionals currently believe result from rehabilitative surgery trauma originating from a work accident like a fracture, sprain or crushing injury. Any part of the arm, hand, leg or foot can be affected where this disorder can then spread to other areas of the body.
The most common symptoms of CRPS include:
There are two primary types of CRPS in workers’ compensation:
If you have developed CRPS as a result of an on-the-job injury you qualify for workers’ compensation benefits in California. Assistance with medical expenses and lost wages from your work injury can be provided with these benefits.
There are five steps to take after being diagnosed with CRPS:
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CRPS detrimentally impacts every aspect of one’s life. Chronic pain and other symptoms make it difficult to perform simple daily tasks like putting on your shoes or cooking dinner, let alone having to get up and ready for work.
Employees with CRPS are sometimes unable to continue working in their chosen profession. Some may be able to return to work but with accommodations. Others may need to find a new line of work altogether. CRPS can lead to permanent disablement in severe cases.
The financial impact from lost wages and having to pay bills from complications with CRPS is devastating. CRPS also goes beyond monetary harm. Chronic pain can take a heavy toll on one’s mental health. Depression, anxiety and social isolation can set in.
An employer’s insurance carrier is responsible for providing workers’ compensation benefits. Insurers are motivated to minimize all costs. These companies often engage in tactics to get CRPS cases denied or minimized. Disputing the diagnosis, questioning the work-related causation, or downplaying the severity of the condition are examples of standard ploys used.
Noteworthy cases from Webb v. General Motors Company, Weathers v. Republic Indemnity Company and Brown v. Martin Plumbing & Heating show what insurance companies are willing to carry out to deny a fair settlement to an injured employee affected with CRPS.
Hiring a skilled CRPS lawyer with a dedicated legal team by your side at the start for your compensation claim is invaluable. Meet with a few workers’ compensation attorneys in San Diego by scheduling a free consultation.
Select the best lawyer for you to handle your CRPS claim that has:
An experienced complex regional pain syndrome attorney will use various strategies to establish your claim that can include:
1. A journal of your pain levels and treatments to show how your daily activities have been affected by complex regional pain syndrome.
2. Ensuring all important medical appointments are kept and agreeing to all prescribed treatments to demonstrate the ongoing nature of your condition.
3. Securing expert medical opinion that can validate your CRPS diagnosis, its connection to your work injury and how your ability to work has been affected.
Your lawyer will use this evidence to effectively negotiate with the workers’ compensation insurer on your behalf for every benefit you deserve. If your claim is denied, your CRPS attorney will take your case to trial and fight for the maximum CRPS workers’ comp settlement.
Attorney Thomas DeBenedetto exposes the pitfall that can derail your CRPS Workers’ Compensation Settlement Claim. Avoid it to secure every benefit to which you are entitled.
CRPS is currently incurable. However, there are various treatment options when carried out by experienced medical professionals recommended by your workers’ compensation attorney can help manage CRPS.
1. Physical therapy is used to maintain flexibility, strength and function in the affected limb.
2. Occupational therapy improves fine motor skills to learn new ways to perform a daily task.
3. Psychotherapy is used to help emotionally cope with the challenges of living with chronic pain.
4. Treatment with Medication Management with various medications that help to keep CRPS under control such as pain relievers, nerve blockers or IV treatments.
5. Spinal cord and nerve stimulation medical devices that are used to reduce pain.
Determining the average workers’ comp settlement for CRPS in California is difficult. Settlement amounts can vary dramatically. An average complex regional pain syndrome workers’ compensation settlement can typically fall within the $100,000 to $200,000 range. But many CRPS cases have settled beyond one million dollars with excellent legal representation backed with strong supporting evidence.
In a recent CRPS workers’ comp settlement case, Thomas DeBenedetto recently represented an employee who sustained complex regional pain syndrome in both her upper extremities from the job. After intensive litigation and discovery, the insurance agreed that the injured worker could never work again due to this debilitating nerve injury and agreed pay 100% permanent disability to the applicant while leaving future medical care open for the remainder of applicant’s life. The full value of applicant’s claim if she lives to life expectancy is $1,220, 512.42.
Going through the process of a workers’ compensation claim for CRPS can be daunting and complex. Establishing CRPS and then proving a direct link to a workplace injury is difficult. Insurance companies will often dispute the connection or downplay the severity of the condition. Don’t allow this to happen. Secure the CRPS workers’ comp settlement you deserve by finding a skilled attorney in handling complex regional pain syndrome claims at your side.
Thomas DeBenedetto
Workers' Compensation Attorney
Thomas DeBenedetto has over 33 years of experience representing injured workers in California workers’ compensation claims. Based in San Diego, he focuses exclusively on workers’ compensation law and regularly publishes educational content to help injured employees understand their rights and benefits under California law.
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