NSW Work Injury Claim

NSW Work Injury Claim

Peripheral nerve injury workers compensation NSW

A peripheral nerve injury claim should connect a specific diagnosis to the work task or incident and to the worker's current restrictions.

Relevant work features may include direct trauma or laceration to a named nerve outside the brain and spinal cord, compression at an anatomical tunnel or traction around a joint, and fracture, dislocation or accepted surgery affecting a peripheral nerve.

The useful records include clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern, graded sensory loss and anatomically localised muscle weakness, and EMG/NCS findings that agree with the examination and lesion level.

Insurer disputes often focus on whether the lesion is peripheral or arises from the cervical or lumbar spine and whether sensory and motor grades are reproducible, while weekly payments and suitable duties depend on practical limits such as protective sensation, fine motor control, foot clearance, grip, dexterity and reliable limb control and tool, machinery, ladder and driving safety.

A doctor checking a worker’s reflexes during a neurological assessment.

Overview for NSW injured workers

Start with the dispute, not just the diagnosis

May be relevant when

The applicable test depends on the legal characterisation. A personal injury generally must arise out of or in the course of employment, with employment a substantial contributing factor; a disease or disease aggravation generally requires employment to be the main contributing factor.

Benefits to check

Medical expenses, weekly payments, suitable duties, treatment requests, WPI and any dispute notice already received.

Legal help is useful when

The insurer denies liability, refuses treatment, relies on an IME, reduces weekly payments or disputes permanent impairment.

How this affects your claim in practice

In a peripheral nerve injury claim, the diagnosis is only the starting point. The records should connect clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern and graded sensory loss and anatomically localised muscle weakness with the worker's practical limits, including protective sensation, fine motor control, foot clearance, grip, dexterity and reliable limb control and tool, machinery, ladder and driving safety. If the insurer disputes whether the lesion is peripheral or arises from the cervical or lumbar spine, the response should address that reason directly.

This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.

Assessment source

  • NSW Guidelines for the Evaluation of Permanent Impairment, paras 1.8-1.12: NSW Guidelines control the assessment method and AMA5 is used only where adopted and not modified.
  • NSW Guidelines para 1.12: AMA5 Chapter 18 pain is excluded; chronic pain is assessed through the underlying diagnosed condition, while CRPS is assessed under the relevant NSW method.
  • NSW Guidelines para 1.15: assessment should usually wait until maximum medical improvement, meaning the condition is stable and unlikely to change substantially in the next year.
  • NSW Guidelines Chapter 5 applies AMA5 Chapter 13 subject to NSW modifications. Paragraph 5.4 requires supported consciousness, cognition, communication and neurologically based emotional or behavioural impairments to be evaluated and combined without double-rating.
  • NSW Guidelines para 5.9: a TBI cerebral assessment requires a severe or high-energy head impact and at least one significant medically verified Glasgow Coma Scale abnormality, post-traumatic amnesia period or intracranial CT/MRI pathology.
  • NSW Guidelines paras 5.2-5.3: spinal cord injury uses AMA5 Chapter 15 Table 15-6, while peripheral nerves use the relevant upper-extremity, lower-extremity or spine provisions.

What injuries or conditions may be assessed?

Peripheral nerve injury is not a single impairment category. The accepted diagnosis must identify the structure or body system affected and the permanent consequence being assessed.

  • A supported work mechanism: direct trauma or laceration to a named nerve outside the brain and spinal cord.
  • A supported work mechanism: compression at an anatomical tunnel or traction around a joint.
  • For peripheral nerve injury, separate diagnoses and consequential conditions should be recorded individually so that one broad injury label is not used for different assessment methods.

Symptoms and findings that matter

A finding relevant to peripheral nerve injury: clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern.

A finding relevant to peripheral nerve injury: graded sensory loss and anatomically localised muscle weakness.

A finding relevant to peripheral nerve injury: EMG/NCS findings that agree with the examination and lesion level.

Protective sensation, fine motor control, foot clearance, grip, dexterity and reliable limb control.

What investigations are usually relevant

Investigations for peripheral nerve injury may include clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern and graded sensory loss and anatomically localised muscle weakness. Each result should answer a defined clinical question and be read with the examination, diagnosis and history.

  • EMG/NCS findings that agree with the examination and lesion level.
  • Operation, repair or decompression records and stable rehabilitation findings.

How WPI is assessed for this body part

Sensory and motor deficit percentages are applied to the maximum value for the named peripheral nerve.

Regional values are combined and converted in the prescribed sequence.

Movement, strength, atrophy or gait caused solely by the same nerve lesion is not rated again where the method prohibits duplication.

NSW paragraph 5.3 directs peripheral nervous-system assessment to the relevant upper-extremity, lower-extremity and spine provisions of AMA5.

The sensory-deficit percentage is multiplied by the nerve's maximum sensory value, and the motor-deficit percentage by its maximum motor value. The resulting regional impairments are combined and converted to WPI.

Table and value examples

Axillary nerve illustration

40% sensory deficit x 5% maximum = 2% UEI; 60% motor deficit x 35% maximum = 21% UEI; Combined Values Chart = 23% UEI; Table 16-3 = 14% WPI

This paraphrased example explains the rounded calculation; another worker's grade and nerve maximum may differ.

Source: AMA5 Tables 13-23, 13-24, 16-15 and 16-3; Combined Values Chart; NSW paras 1.26, 2.8 and 5.3

Miscellaneous peripheral nerve, sensory loss only

1% WPI

This NSW table applies only to its listed miscellaneous nerves and an anatomical sensory distribution.

Source: NSW Guidelines Table 5.1

Method illustration

This is a non-numeric illustration of the assessment sequence. It does not predict a WPI result.

Accepted condition and findings
Peripheral nerve injury is not a single impairment category. The accepted diagnosis must identify the structure or body system affected and the permanent consequence being assessed. A finding relevant to peripheral nerve injury: clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern.
Method to apply
Sensory and motor deficit percentages are applied to the maximum value for the named peripheral nerve.
Why no percentage can be assumed
Movement, strength, atrophy or gait caused solely by the same nerve lesion is not rated again where the method prohibits duplication.

What usually does not increase WPI

The existence of a dispute about whether the lesion is peripheral or arises from the cervical or lumbar spine does not replace the measurements and criteria required by the controlling impairment method.

The existence of a dispute about whether sensory and motor grades are reproducible does not replace the measurements and criteria required by the controlling impairment method.

Treatment, time away from work and an imaging or diagnosis label do not by themselves establish the WPI result for peripheral nerve injury.

Evidence checklist

The records for peripheral nerve injury should include decompression, repair, grafting, splinting and sensory or motor rehabilitation where supported. They are most useful when the diagnosis, examination and practical restrictions are consistent.

    How this injury commonly happens at work

    Work-related peripheral nerve injury can arise through direct trauma or laceration to a named nerve outside the brain and spinal cord and compression at an anatomical tunnel or traction around a joint. The chronology should identify the actual task or event and when symptoms or function changed.

    Work-related peripheral nerve injury can arise through fracture, dislocation or accepted surgery affecting a peripheral nerve. The chronology should record the actual task or event and the point at which symptoms or function changed.

    Common insurer disputes

    For peripheral nerve injury, an insurer may dispute whether the lesion is peripheral or arises from the cervical or lumbar spine and whether sensory and motor grades are reproducible. The written decision should be answered with evidence directed to those reasons.

    Further disputes about peripheral nerve injury may concern whether the maximum value and regional conversion for the named nerve were applied correctly. The decision notice should identify which issue is relied on and the evidence said to support it.

    Treatment and surgery issues

    Depending on the diagnosis and treating opinion, management of peripheral nerve injury may involve protection strategies where sensation remains impaired. The request should explain the expected functional benefit and its connection to the accepted injury.

    Weekly payments and work capacity

    Capacity evidence for peripheral nerve injury should address tool, machinery, ladder and driving safety and whether the offered duties depend on the muscles or sensory territory supplied by the injured nerve. Proposed duties must be sustainable for the proposed hours, not merely possible once.

    How NSW Work Injury Claim can help

    For peripheral nerve injury, a claim review can help to map the symptoms and examination to the named nerve and check electrodiagnostic evidence against the clinical findings. The purpose is to identify the precise decision and the evidence needed for the next available step, not to promise an outcome.

    For peripheral nerve injury, a claim review can help to review conversion and non-combination steps before relying on a WPI figure. The purpose is to identify the precise decision and the evidence needed for the next available step, not to promise an outcome.

    Common questions about peripheral nerve injury claims

    How can work cause or aggravate peripheral nerve injury?

    For peripheral nerve injury, the relevant work history may include direct trauma or laceration to a named nerve outside the brain and spinal cord, compression at an anatomical tunnel or traction around a joint, and fracture, dislocation or accepted surgery affecting a peripheral nerve. A claim still depends on the actual chronology and medical evidence. The records should identify what changed, when symptoms began or worsened, and how the diagnosed condition affects the worker's duties.

    How is WPI assessed for peripheral nerve injury?

    For peripheral nerve injury, sensory and motor deficit percentages are applied to the maximum value for the named peripheral nerve. A finding relevant to peripheral nerve injury: clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern. The assessor must apply the NSW Guidelines to the accepted, stable condition; the diagnosis or an operation does not by itself determine a percentage.

    Which records are most useful for a peripheral nerve injury assessment?

    A peripheral nerve injury assessment commonly needs clinical mapping to a named peripheral nerve rather than a dermatomal nerve-root pattern, graded sensory loss and anatomically localised muscle weakness, EMG/NCS findings that agree with the examination and lesion level, and operation, repair or decompression records and stable rehabilitation findings. Those records are most useful when they describe the same diagnosis, examination findings, treatment history and practical work restrictions.

    What does an insurer commonly dispute about peripheral nerve injury?

    For peripheral nerve injury, common issues include whether the lesion is peripheral or arises from the cervical or lumbar spine, whether sensory and motor grades are reproducible, and whether the maximum value and regional conversion for the named nerve were applied correctly. The response should address the insurer's stated reason with the relevant chronology, clinical findings, investigations and duties evidence rather than relying on the diagnosis alone.

    How can peripheral nerve injury affect weekly payments and suitable duties?

    Capacity evidence for peripheral nerve injury may need to address protective sensation, fine motor control, foot clearance, grip, dexterity and reliable limb control, tool, machinery, ladder and driving safety, and whether the offered duties depend on the muscles or sensory territory supplied by the injured nerve. A certificate should describe what the worker can do safely and sustainably. Proposed duties should then be checked against those restrictions and the real demands of the job.

    Does peripheral nerve injury automatically receive a fixed WPI percentage?

    No. For peripheral nerve injury, one verified example is axillary nerve illustration: 40% sensory deficit x 5% maximum = 2% UEI; 60% motor deficit x 35% maximum = 21% UEI; Combined Values Chart = 23% UEI; Table 16-3 = 14% WPI, under AMA5 Tables 13-23, 13-24, 16-15 and 16-3; Combined Values Chart; NSW paras 1.26, 2.8 and 5.3. That value applies only when its stated criteria are met. Movement, strength, atrophy or gait caused solely by the same nerve lesion is not rated again where the method prohibits duplication.

    Request a calm claim position review

    If you have received an insurer decision or you are unsure how your injury evidence fits together, we can help you identify the issue, organise the documents and consider the next step. Where ILARS funding is approved, eligible legal costs and necessary disbursements may be covered.

    Request a claim reviewCall (02) 7233 3661

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