In addition to a fracture, penetrating wound, or other serious injury, you might develop reflex sympathetic dystrophy (RSD) during a workplace accident. This condition is physically painful and might stop you from working, entitling you to Workers’ Compensation in Massachusetts.
Common symptoms of RSD include disproportionate pain from the injury, bruising, swelling, and skin sensitivity. Tell your employer about your injury right away, and let us document your medical damages and lost wages. If a third party other than your employer is liable, we may file a lawsuit to get non-economic damages as well. RSD may cause chronic pain and require long-term treatments, and you should not have to foot the bill for those damages.
Call our reflex sympathetic dystrophy attorneys for a free and confidential case evaluation from the Law Office of John J. Sheehan at (617) 925-6407.
What is Reflex Sympathetic Dystrophy?
Reflex sympathetic dystrophy is characterized by more severe pain than anticipated for a specific injury. Damage to the nerves, blood vessels, fractures, and other injuries might trigger RSD. You might experience disruptive and chronic pain that warrants compensation.
Signs of RSD include swelling of the inflamed or pained area, muscle spasms, muscle atrophy, and throbbing in the affected area. RSD is also commonly referred to as complex regional pain syndrome (CRPS) Type 1 and might develop after any traumatic injury, while CRPS Type 2 only happens after a nerve injury. Though the underlying cause of CRPS types differs, the symptoms are often similar.
If you experience RSD, you may know something is wrong right away. The pain may be immediate, severe, and worse than you expected based on the initial injury.
Your doctor may be able to trace RSD back to an underlying cause, like a recent slip and fall that fractured your leg. Your symptoms may improve slightly over time with the right treatment, though some people suffer from RSD/CRPS complications indefinitely. Even if your broken leg heals, you might continue to experience chronic pain from RSD.
Can You Get Workers’ Compensation for Reflex Sympathetic Dystrophy in Massachusetts?
When RSD comes from a bad workplace injury, you may get Workers’ Compensation. Workers’ Compensation covers a portion of lost wages and all medical damages related to a workplace injury. Nerve damage might take you out of the workforce for months, maybe even years, and Workers’ Compensation benefits can supplement some of your income during that time.
You may suffer more damages other than lost wages because of RSD. If you developed RSD after fracturing your arm at work, for example, you also have medical bills from treating that broken arm. You may need surgery for compound and displaced fractures and immobilize your injury with a cast.
Muscle weakness is a common symptom of reflex sympathetic dystrophy, and you may need physical therapy to regain strength after an accident. You may recover damages for physical therapy sessions and any other necessary medical expenses, no matter how long they last.
Workers’ Compensation should cover all necessary medical expenses from an RSD diagnosis, no matter how long they last.
How Do You Treat Reflex Sympathetic Dystrophy in Massachusetts?
You may have many ongoing treatments for RSD/CRPS. Treatments typically focus on the patient’s comfort and improving their symptoms rather than curing the condition altogether.
Victims may need to undergo physical therapy to improve function and take pain medications to ease discomfort. Anti-inflammatory medications may also help.
Living with chronic pain can be depressing, and ongoing psychological support helps victims deal with challenging conditions like RSD. Lawsuits may cover therapy sessions as well.
Early intervention can help ease some of the symptoms of RSD before they become very prevalent. Get medical attention if you are in more pain than you think you should be or if the pain does not go away. Getting diagnosed with RSD/CRPS as soon as possible after an accident is important so we can prove that is what caused your condition.
Stay committed to your rehabilitation, and keep treating your RSD with the appropriate medications and therapies. This leads to ample medical records we can use.
How Long Do You Have to Get Compensation for Reflex Sympathetic Dystrophy in Massachusetts?
You have four years to get damages from Workers’ Compensation for reflex sympathetic dystrophy in Massachusetts, though you should report the injury to your employer right away.
You must report an injury to your employer within seven days of your fifth missed day of work. This can get confusing, so let our attorneys make sure you properly report the injury to your employer to kickstart your Workers’ Compensation case.
Do not assume your employer knows about the accident, even if it was a major event at work. Make sure you make a report yourself and that your employer knows they should tell their Workers’ Compensation carrier.
If you wait to tell your boss, the cause of injury might be contested, which you want to avoid at all costs.
Can You Get Non-Economic Damages for Reflex Sympathetic Dystrophy in Massachusetts?
The chronic pain you experience from RSD/CRPS might seriously disrupt your life. It may lower your quality of life, stop you from engaging in activities you enjoy, and cause severe emotional distress. Workers’ Compensation does not pay non-economic damages, but a lawsuit might. Filing a third-party work injury lawsuit for RSD is unlikely but possible if someone other than your employer injured you.
When a third-party work injury lawsuit goes to trial, the plaintiff may testify in court. This is their opportunity to describe physical pain, mental suffering, and other non-economic damages to the jury.
Non-economic damages are not guaranteed in third-party work injury lawsuits, and we often need to negotiate better settlements to get them.
Call Our Massachusetts Lawyers About Your Injury Case
Call our reflex sympathetic dystrophy attorneys for a free and confidential case evaluation from the Law Office of John J. Sheehan at (617) 925-6407.