Average Workers’ Comp Settlement for CRPS

If you search for the average workers’ compensation settlement for CRPS online, you will likely see a wide range of figures. A national estimate for an average settlement workers’ compensation claims for CRPS is $350,000, with a typical range of $200,000 to $750,000+.

However, every workers’ compensation case is different, and your particular award will depend on factors specific to your case, including which type of CRPS you have, your injury’s severity, the strength of your medical evidence, whether the injury leads to permanent impairment, work restrictions, lost earning capacity, future treatment needs, and settlement structure.

The best way to determine the value of your particular claim is to work with an experienced workers’ comp attorney. Matt Fendon Law Group is here to help you fight for the full and fair CRPS workers’ comp settlement you deserve.

Call us at (800) 229-3880 or contact us online for a free consultation with one of our knowledgeable Scottsdale workers’ compensation attorneys.

What Is Complex Regional Pain Syndrome?

Complex Regional Pain Syndrome (CRPS) is a serious and debilitating chronic pain condition that develops in the nervous system, usually affecting an arm or leg. This condition can often arise after a work accident, such as a bone fracture, sprain, or crushing injury.

The condition can sometimes follow a relatively minor workplace injury, potentially making a simple and low-value workers’ comp claim more valuable but also more complex.

The defining characteristic of CRPS is prolonged, excessive pain that is not proportionate to the initial injury.

This medical condition affects the nervous system’s regulation of pain signals and blood flow, which causes physical and functional impairments that can severely impact those afflicted with it. While it may begin in an extremity, it can spread to other areas of the body.

The Mayo Clinic identifies the following most common symptoms of CRPS:

Intense burning discomfort or throbbing pain
Extreme sensitivity to touch or cold
Swelling
Joint stiffness, swelling, and damage
Muscle spasms, contractions, or tremors
Muscle weakness
Changes in skin temperature, alternating between sweaty and cold
Dramatic changes in skin color from white and blotchy to red or blue
Changes in skin texture, including skin in the affected area becoming tender, thin or shiny
Changes to hair and nail growth
Decreased ability to move the affected body part

How Is CRPS Diagnosed?

Unfortunately, no definitive diagnostic tests exist for CRPS. No imaging study or blood test can conclusively diagnose CRPS.

Instead, doctors typically diagnose this condition through a physical exam, a review of symptoms, and ruling out other medical conditions.

To support a CRPS claim, workers’ comp lawyers often use medical experts and detailed medical records showing how the condition developed over time. Having strong evidence is often necessary to overcome the insurance company’s arguments that the condition is “psychosomatic,” “exaggerated,” or “fabricated.”

If you have recently received a CRPS diagnosis related to a work injury, contact the Matt Fendon Law Group for support and legal representation.

Your workers’ compensation attorney can work with you to ensure that your condition is properly diagnosed by a qualified healthcare provider, such as a neurologist, pain management physician, or other specialist. They can also help you secure documentation that links the onset of symptoms to your work injury.

How Is CRPS Treated?

Medical treatment for CRPS focuses on helping the patient manage their pain and cope with CRPS symptoms, as there is no known cure for this condition. Treatment options may include:

Physical therapy: Physical therapy helps improve strength, function, and flexibility in the affected limb. Therapy may include desensitization, graded motor imagery, and mirror therapy.
Occupational therapy: Occupational therapy helps improve fine motor skills and teaches new methods to perform activities of daily living.
Nerve blocks: Nerve or sympathetic ganglion blocks are medical injections of numbing medicine or anti-inflammatory medication applied near a specific nerve or group of nerves to stop pain signals from reaching the brain.
Functional restoration programs: This treatment method helps patients regain strength, improve coping skills, and return to a productive lifestyle.
Topical treatments: NSAIDs, lidocaine, and capsaicin are active ingredients in topical pain-relief creams that target different pain pathways in the body.
Spinal cord stimulation: A spinal cord stimulator may be used in severe cases where the patient has not responded positively to other treatment options. It helps treat pain.
Oral neuropathic agents: You might be given medicine you take by mouth to calm damaged or overactive nerves.
Cognitive behavioral therapy: This type of therapy teaches practical skills to help patients change unhelpful thoughts and behaviors.
Psychotherapy: This is another type of therapy that can help patients cope with the challenges of living with chronic pain and manage other conditions, such as Post-Traumatic Stress Disorder (PTSD).

Workers’ Compensation for CRPS

Injured workers can file a workers’ compensation claim if their CRPS was caused by their job. This condition is covered under the Industrial Commission of Arizona workers’ compensation system.

To prevail on a CRPS claim, you will need to show that your condition is connected to your employment. If your employer failed to carry workers’ compensation insurance, you can still file a claim with the Industrial Commission of Arizona, and your benefits are paid from a state special fund.

If you are a regular employee of an employer that participates in Arizona’s workers’ compensation system, you are most likely covered by your employer’s workers’ compensation insurance policy.

Even though CRPS is a compensable condition, CRPS claims are often denied, downplayed, or minimized because it is complex to diagnose and substantiate this condition. An experienced workers’ compensation attorney can help prepare your workers’ compensation claim on your behalf and fight for a fair settlement.

4 THINGS THAT CAN STRENGTHEN A CRPS CLAIM

CRPS Compensation: What Medical and Disability Benefits Are Awarded in CRPS Cases?

If you suffer a nerve injury or related medical condition in the course and scope of your employment, you could be entitled to Arizona workers’ compensation benefits that consist of the following:

Medical benefits: Arizona workers’ compensation benefits include payment for any reasonable and necessary medical expenses stemming from a work-related injury, such as emergency room costs, hospital stays, doctors’ visits, diagnostic tests, prescription medication, and other medical bills.
Lost wages: Arizona workers’ compensation benefits generally provide two-thirds of the injured worker’s average monthly wage, subject to a cap set by the state. You are not paid for the first seven days after your injury. However, if your disability continues for one week beyond those seven days, your compensation is figured from the date of the injury.
Temporary disability benefits: You could receive temporary partial disability (TPD) or temporary total disability benefits (TTD) if you had to miss work for an extended period of time. TPD benefits cover two-thirds of your lost wages when you are able to return to work in some capacity, while TTD benefits are awarded to injured workers who cannot return to work in any capacity for a temporary period of time.
Permanent disability benefits: If your condition leaves you with a permanent impairment, you can recover permanent partial disability (PPD) or permanent total disability (PTD) benefits. PPD benefits cover workers who can work in some capacity, while PTD benefits provide monetary compensation for workers who can never return to work in any capacity. This second group of benefits can provide two-thirds of the worker’s pre-injury monthly wages for the rest of their lives.

An experienced workers’ compensation attorney from the Matt Fendon Law Group can discuss the benefits you might be eligible for. We work on a contingency fee basis, so you only pay us if we win your case.

Factors That Affect Your CRPS Settlement

The Arizona workers’ compensation system does not publish average CRPS settlement amounts. Each case is unique.

Various factors can affect the value of CRPS cases, including the following:

CRPS Type

CRPS is generally classified as Type I or II.

Type I CRPS is known as reflex sympathetic dystrophy and occurs without a confirmed nerve injury. Most people who have this condition have Type I CRPS.

In contrast, Type II CRPS or causalgia occurs after a distinct nerve injury.

Most cases of CRPS are tied to an underlying injury or physical trauma to an arm or leg, even when nerves were not known to be damaged. This can include crushing injuries or fractures.

How your CRPS developed and the treatment you will need can affect your CRPS settlement value.

The Severity of Your Injury

Generally, the more severe your injury, the higher your potential workers’ compensation award. This is because you will likely need treatment for a longer period of time or may suffer total disability, entitling you to greater or longer-term benefits.

The Strength of Your Medical Evidence

Strong medical documentation is central to establishing a CRPS claim and proving its severity.

Whether the Injury Leads to Permanent Impairment

Some individuals who suffer from CRPS are able to recover, while others suffer intense pain for the rest of their lives. You could qualify for CRPS permanent disability benefits (PPD or PTD) if your treating doctor determines that the condition is permanent.

Work Restrictions

If you are able to perform light-duty work with your work restrictions, your employer could assign you to this work, and you could recover up to two-thirds of the difference between your current and former pay. However, if your work restrictions prevent you from performing any work with your employer, you may qualify for TTD benefits.

Lost and Reduced Earning Capacity

Your lost earning capacity is the loss of your ability to earn a living due to a recognized work-related injury or illness. For example, you may be unable to work at all due to your condition. Your CRPS settlement can consider your projected lifetime earnings before and after the onset of your condition.

However, for many people, returning to work in some capacity is possible. In these cases, your settlement can calculate the difference between your pre-injury earnings and your post-injury earnings.

Future Treatment Needs

Since CRPS is not curable, you may require future treatment. Your settlement can factor in your future care needs.

Settlement Structure

Your workers’ compensation attorney will work closely with you to identify your objectives. If your case settles, the settlement structure can affect your total compensation.

Depending on your needs, your lawyer might negotiate a structured settlement or a full-and-final settlement.

A structured settlement is paid in installments over time. Typically, the insurance company purchases an annuity that makes payments to the claimant for an agreed period of time, often used in cases involving permanent disability.

A full-and-final settlement is a lump-sum payment. You get all the money at one time. After the Industrial Commission of Arizona approves this type of settlement, your workers’ comp claim is closed.

Documenting Your CRPS Case

If you know or suspect that you have CRPS, seek medical attention immediately. Keep all of your medical records, as they may be able to establish all of the following:

The connection between your condition and an underlying physical trauma
The onset of symptoms
The symptoms you are experiencing

Your workers’ compensation lawyer can further help substantiate your claim with other evidence, such as:

Testimony from your medical provider
Expert witness testimony about future medical costs
Eyewitness accounts from coworkers who observed the initial injury
Photos or videos of the accident site
Your own testimony regarding your limitations

Reaching Maximum Medical Improvement with CRPS

Complex Regional Pain Syndrome has no cure. Reaching maximum medical improvement (MMI) with CRPS means that your treating physician believes that you will not get any better with future medical treatment.

Continue your treatment with your healthcare team so that you can reach this point in your recovery. Doing so shows that you are taking the condition seriously.

Contact an Experienced Arizona Workers’ Compensation Attorney Today

Complex Regional Pain Syndrome is a serious and life-altering condition for many people. If you or a loved one is suffering from this complex condition, the Matt Fendon Law Group can help.

Matt Fendon is a board-certified specialist in workers’ compensation law by the State Bar of Arizona, a distinction that only a small percentage of Arizona lawyers have. He and his hand-picked legal team of attorneys and support staff deliver an unparalleled experience to our clients who are fighting for a fair CRPS workers’ comp settlement.