Nerve Damage Compensation

How much you receive for a nerve damage workers comp claim depends on a few key things, including how the injury happened, whether your employer was at fault, and whether the damage is permanent.

In general, there are three main types of compensation you might be entitled to. Here’s a quick breakdown of what each one covers: 

Basic workers compensation payments

If your nerve damage happened at work, you’re generally entitled to basic workers compensation payments. Depending on your situation, you may be able to claim:

• Weekly payments for lost wages (up to 95% of your pre-injury income).
• Medical and treatment costs.
• Hospital expenses.
• Rehabilitation and return-to-work support.
• Travel costs for medical appointments.

Importantly, you don’t have to prove anyone was at fault to receive a workers comp settlement for nerve damage. It also doesn’t matter if you’re full-time, part-time, or casual — if the nerve damage happened at work, you’re covered.

Permanent impairment lump sums 

If you suffer permanent nerve damage from a work injury, you could be entitled to an extra lump sum payment on top of your basic weekly payments.

To qualify, you’ll need to have your degree of Whole Person Impairment (WPI) assessed. This is done by an independent medical professional, who looks at how the nerve damage impacts your life, both now and into the future.

In some states, you’ll need to reach a minimum WPI before you’re eligible to claim your permanent impairment lump sum:

As an example of how this works, let’s say you’ve suffered ulnar nerve damage at work in NSW. Once your condition has stabilised (meaning it’s unlikely to get better with more time or treatment), you’ll have your WPI assessed. You receive a WPI of 12%, which is higher than the 11% threshold in NSW, so you’re able to claim a lump sum payment on top of your regular ulnar nerve workers comp settlement.

The precise amount you get will depend on your WPI. For instance, if your ulnar nerve injury happened between 1 July 2024 and 30 June 2025, you could expect:

To keep reading about WPI assessments and what they mean for your nerve damage workers compensation claim, check out our total guide to permanent impairment lump sum payments.

Common law damages

If your nerve damage happened because of poor safety regulations, inadequate training, or another form of employer negligence, you could have a common law damages claim.

Unlike basic workers compensation payouts, common law claims can result in substantial, lump sum settlements.

Alongside your standard workers compensation benefits, a successful common law claim can also cover:

• Future loss of earnings and superannuation.
• Ongoing medical and rehabilitation expenses.
• Pain and suffering damages (depending on which state you’re in).

In addition, some states require a minimum Whole Person Impairment (WPI) rating before you can lodge a common law claim. Check the table below to see the WPI threshold in your state.

If you’ve suffered nerve damage in a car accident, the amount of compensation you receive depends on several factors, including which state you’re in and who was at fault.

Depending on your circumstances, your compensation may include:

• Lost income: covering both past and future earnings if your injury affects your ability to work.
• Pain and suffering: for the emotional impact the injury has had on your life.
• Care and support: including help from professionals or loved ones. You might also be compensated if your injury stops you from caring for someone else.
• Out-of-pocket expenses: like medical bills, travel to appointments, or home and car modifications to help you stay independent.

For a more detailed breakdown of what you could claim, check out our full motor accident compensation guide or get in touch with our nerve damage lawyers for free advice on your situation.

If your nerve injury happened because a doctor, surgeon, dentist or other healthcare professional didn’t provide the right level of care, you may be able to make a medical negligence claim.

If your claim is successful, you could receive compensation for:

• Lost income and super: covering both what you’ve already lost and any future earning potential.
• Care and support: whether for yourself or someone who depends on you.
• Pain and suffering: to acknowledge the emotional impact of your injury.
• Out-of-pocket costs: like medical bills, rehab, or changes to your home or car (if necessary).

Want to know how much you could claim? Check out our full guide to medical negligence payouts or speak with one of our nerve damage lawyers for free, personalised advice.

If your nerve damage means you’re permanently unable to return to your job, you may be able to claim a Total and Permanent Disability (TPD) payout through your super. This is a lump sum benefit designed to support your long-term financial needs.

While most TPD payouts fall between $60,000 and $450,000, some policies offer much more — even over a million dollars — depending on your level of cover and how serious your nerve damage is.

To find out what you could claim, reach out to our experienced TPD lawyers today. We’ll take the time to understand your situation, review your super policy, and explain your options clearly.

Before starting a nerve damage compensation claim, it’s worth speaking to a lawyer who specialises in this area. In your free consultation, we’ll walk you through how the process works, what your claim could be worth, and how your specific injury affects your entitlements.

We’ll also check whether you qualify for extra payouts — like a lump sum for permanent impairment, common law damages, or a TPD claim if you can’t work again. This way, you’ll know exactly where you stand and won’t miss out on any compensation you’re entitled to.

Strong expert evidence is key to winning a nerve damage claim, especially when you need to prove someone else was at fault. It’s not enough to show you’re injured; you also need to clearly connect your injury to what the other person did (or didn’t do).

That’s why we team up with leading medical experts in nerve and spinal injuries, including neurologists, surgeons, and occupational physicians. Their detailed reports strengthen your claim and help prove the link between your injury and what caused it.

And the best part? We cover all the costs of these experts, so you’ll never be out of pocket for your claim.

Once your case is ready, your nerve damage lawyer will take care of the entire process from start to finish:

• Workers compensation and car accident claims: we’ll submit your claim to the insurer, making sure all medical reports and documents are accurate and lodged on time.
• Medical negligence claims: we’ll start court proceedings for you and guide you through every step with expert legal support.
• TPD claims: we’ll handle your superannuation or TPD application, ensuring your paperwork is complete and clearly sets out your case.

No matter what kind of claim you’re making, we’ll manage the whole process — keeping things efficient, thorough, and as low-stress as possible.

After your nerve damage claim is submitted, the next step is to wait for the decision:

• Workers compensation and car accident claims: the insurer will review your claim and let you know if it’s approved. If it is, weekly payments usually start straight away. If it’s denied or the offer is too low, we’ll act fast to challenge the decision and fight for the full compensation you deserve.
• TPD claims: you can expect to hear back from your super fund or insurer within a few months. Because we carefully prepare your application, there’s a good chance it’ll be approved. Once it is, we’ll guide you through your payout options and ensure your benefit is paid promptly.

If your nerve damage claim goes to court, it will start with a mandatory pre-court mediation where both sides try to settle the case before trial. Your lawyer will manage all the negotiations, so you don’t have to deal with the legal back-and-forth.

Usually, our thorough preparation and expert approach help secure a fair settlement at this stage. But if the insurer refuses to offer a reasonable deal, we’re ready to take your case to court and fight hard to get you the compensation you deserve.

If you’re experiencing nerve pain, numbness, tingling, or any other symptoms, it’s important to take the right steps to protect both your health and your potential nerve injury claim. Importantly, your symptoms might appear after an accident or develop gradually over time.

1. See a doctor: get medical attention as soon as possible for diagnosis, treatment, and referrals to specialists. Your GP can also issue a ‘certificate of capacity’ — a key piece of evidence for your claim.
2. Track your symptoms: keep a detailed record of how the nerve damage affects your work, daily tasks, and overall well-being. This log can play a crucial role in strengthening your case.
3. Speak with a nerve damage lawyer: an experienced lawyer will explain your rights, guide you through the claims process, and estimate your entitlements. We’ll also gather expert medical reports, interview witnesses, and handle negotiations with insurers to maximise your compensation.

In Australia, you’re generally required to make your nerve damage claim within a set time limit. The exact limit that applies depends on what type of claim you’re making and where you live.

If you’ve missed the deadline, don’t worry — you may still have options. Many states allow extensions in special cases, and our experienced nerve damage lawyers know exactly how to apply for them. Over the years, we’ve helped plenty of clients file late claims and still secure the compensation they deserve.

Workers compensation claims

It’s important to report your nerve injury to your employer as soon as you can, preferably in writing. Most states then require you to file a workers compensation claim within 6 to 12 months of the injury.

For common law claims, time limits vary, too. In some states, you have up to three years from the date of the accident, while in others, the deadline starts from when you first became aware that your employer’s negligence caused your nerve damage.

Medical negligence claims

The time limit to file a medical negligence claim varies depending on your state. In some places, you have up to three years from the date of your nerve injury, while in others, the time limit begins when you first realise that someone else’s negligence may have caused your nerve damage.

TPD claims

Unless your policy explicitly states it, time limits usually don’t apply to TPD claims. However, we strongly suggest filing your claim as soon as possible after your injury. Over time, evidence becomes harder to compile and, in our experience, insurers are more likely to deny claims.

It depends on a few factors, like the type of claim you’re making, how serious the nerve damage is, the treatment you need, and how well your claim is prepared. As a rough guide, most nerve damage claims are finalised within 12 to 18 months after your condition has stabilised — meaning it’s not expected to improve further with treatment.

However, if you’re making a workers compensation claim, you may start receiving ‘provisional payments’ within seven days, with weekly payments usually beginning around 28 days after lodgement (depending on your state).

With over 25 years of experience, our nerve damage lawyers know how to fast-track the process and reduce delays, so you get your compensation faster. For a better idea of your claim timeline, get in touch with us today.

Yes, you can sue your dentist if you developed nerve damage because of something they did (or failed to do). Most commonly, this includes improperly performed:

• Tooth extractions (especially wisdom teeth).
• Root canals.
• Fillings.

However, many other dental procedures may cause nerve damage. If you’re experiencing tooth sensitivity, pain, or facial numbness after dental treatment, it’s crucial to see another dentist for diagnosis and treatment. The records from this second dentist will also be important evidence for your nerve damage claim.

To successfully sue your dentist for nerve damage, you’ll need to prove four main things:

1. Your dentist owed you a duty of care: a duty of care is a legal responsibility to look out for someone else’s welfare and safety. It automatically exists in certain relationships, such as doctor/patient. This means if you were treated by a registered dentist, they most likely owed you a duty of care.
2. They breached their duty of care: once you’ve established that your dentist owed you a duty of care, you’ll need to show that they breached that duty. To prove this, you’ll need to establish that your dentist did something (or failed to do something) that no other reasonable dentist would’ve done.
3. That breach of duty caused your nerve damage: you’ll then need to show a direct link between the dentist’s breach of duty and your nerve damage. The court usually uses the ‘but for’ test, meaning but for your dentist’s actions (or inaction), your nerve damage wouldn’t have happened.
4. You suffered loss: the last step is to show that the dentist’s negligence has caused you ‘loss’, which could be lost income, medical expenses, or pain and suffering (the negative impact of the nerve damage on your life).

To learn more, head to our complete guide to suing your dentist for malpractice or get in touch with one of our expert nerve damage lawyers today.

Yes, you can sue for nerve damage from surgery if a surgeon, hospital, or other medical professional’s negligence caused your condition.

Some of the most common procedures that can cause nerve damage include:

• Elbow surgery: leading to ulnar nerve damage,
• Hip replacements: causing sciatic nerve damage.
• Distal radius plating: resulting in damage to the palmar cutaneous nerve.
• Spinal surgery: often causing damage to the nerves that control bladder and bowel function.
• Dental surgery: resulting in damage to the inferior alveolar nerve (IAN) or lingual nerves.
• Tummy tucks: side effects include injury to the lateral femoral cutaneous nerve
• Ankle surgery: leading to postoperative ankle neuropathy.

These are just the most common examples of nerve damage from surgery. If you’re experiencing pain, numbness, tingling, pain, weakness, or any degree of paralysis, it’s absolutely vital to see another doctor immediately. They can assess your condition and provide treatment to manage your symptoms. The medical records from this doctor will also be crucial to proving your surgical negligence claim.

To successfully sue for nerve damage from surgery, you’ll need to prove four basic things:

1. Your surgeon owed you a duty of care: this is a legal duty to look out for the safety and welfare of another person. Certain relationships automatically include this duty, such as doctor/patient. So, if you were treated by a registered surgeon, they should automatically owe you this duty.
2. They breached their duty of care: you’ll need to prove that your surgeon breached their duty of care by doing something no other reasonable surgeon would’ve done. This also includes if they failed to do something you’d reasonably expect them to do.
3. That breach of duty caused your nerve damage: you’ll need to draw a direct link between their actions and your nerve damage. This involves the ‘but for’ test — meaning, but for what the surgeon did (or failed to do), you wouldn’t have suffered nerve damage.
4. You suffered loss: the final stage is showing that the surgeon’s negligence has caused you ‘loss’. This could be financial losses like lost income and medical expenses, or emotional losses, such as pain, suffering, and loss of opportunity.

To find out more, head to our comprehensive guide to suing a surgeon for negligence.

Contributory negligence can have a big impact on your nerve damage compensation, but it all depends on how your injury happened and the type of claim you’re making.

Put simply, contributory negligence means you were partly responsible for your own injury. Maybe you didn’t follow safety procedures at work, or you weren’t wearing a seatbelt during a crash.

In these cases, your payout can be reduced to reflect your share of the blame — often by 10–25%, and in rare cases, even more. This generally only affects fault-based claims, like common law workers comp or car accident claims in states like Queensland and South Australia.

If an insurer tries to argue you contributed to your injury, it’s important to get legal advice early. Our team understands how to handle nerve damage claims and will push back against any attempt to unfairly reduce your payout.

When does contributory negligence not apply?

Contributory negligence doesn’t affect basic workers compensation or CTP (Compulsory Third Party) car accident claims in NSW, Victoria, Tasmania, the ACT or the Northern Territory. These states use no-fault schemes, which means you’re still entitled to core benefits — like weekly income, medical costs, and permanent impairment lump sums — even if you were partly at fault.

One of the most important parts of any nerve damage claim is the evidence you can gather, especially if you’re trying to prove negligence. Common types of evidence include:

• Test results confirming nerve impairment.
• Medical bills for diagnostic tests and treatment.
• Expert reports explaining how the negligence occurred.
• Expert assessments of how the injury affects your life now and in the future (e.g. treatment needs, lost income, home or vehicle modifications).
• Records of doctor’s appointments.
• Witness statements from the accident.
• Proof of lost income and out-of-pocket expenses.

Nerve damage claims rely heavily on strong evidence — not just to show how the injury happened, but also its long-term impact.

That’s why it’s important to see a doctor as soon as you notice symptoms and speak with an experienced nerve damage lawyer early on. Even a minor nerve injury can lead to meaningful compensation, as long as you have the right evidence. And the good news? You don’t have to gather it all yourself — when you work with a specialist nerve injury lawyer, we’ll handle all the evidence for you.