What Is Herniated Disc?
When one of the discs (discs) between your vertebrae slips, a herniated disc may occur. This type of injury can be called a ruptured disc or slipped disc in some cases. A herniated disc can be characterized by:
- Tingling or numbness in the arms or back
- Weakness in the arms and legs
- Leg or arm pain
Understanding Herniated Disc
You’re likely to be familiar with the anatomy of our bodies. Our spine is composed of many bones. The spinal disc is a rubbery, disc-shaped substance that lies between these bones. These discs act as cushions and prevent bones from rubbing together.
The rubbery disc is covered with a rubbery outer, but the jelly-like substance inside is soft and jelly-like. When the rubbery outer gets damaged, the jelly-like center pushes out. This is called a herniated disc. This can cause irritation to nearby nerves, leading to various symptoms.
Anywhere on your spine can develop a herniated disc. It will depend on the location of the disc and whether it is affecting any nerves. You can feel the following symptoms:
- If your injury is to a nerve, you may feel numbness (or tingling sensation).
- You may experience weakness in your muscles, which could affect your ability to lift and walk.
- Burning sensation in the arms and legs, especially in the buttocks and calf.
A herniated disc is often caused by cumulative injuries. It doesn’t occur instantly, but rather is caused by repetitive movements over a long period of time. People who lift or pick up heavy objects with their back muscles are at greater risk of a herniated disc. A traumatic injury such as a fall on your back, or hitting your spine with a hard object can also cause a herniated disc. This is rare, however. However, in most cases it is difficult to determine the exact cause of a herniated disc. It is therefore difficult to obtain workers’ compensation.
The severity of a herniated disc injury is variable, so the treatment options can be varied. The doctor might recommend that you avoid any movements that could worsen your condition, even if it is less severe. You should avoid lifting heavy objects, pushing, pulling, twisting, and bending sideways. These movements may be necessary in your job line. You might need to temporarily stop work until the pain goes away. It may be recommended that you take pain medication and muscle relaxants. If the painkillers fail to work, some doctors might recommend cortisone injections. Surgery may be necessary in rare cases. You may have to wear a metal plate for several months if the entire disc has to be removed.
How To Claim Workers Comp Settlement For Herniated Disc
The laws governing workers’ compensation vary from one state to the next. The process for filing a workers compensation claim can vary from one state to the next. The following steps are required to claim workers compensation settlement for herniated disc:
REPORT YOUR INJURY
You will need to notify your state before you can file a workers compensation claim. Most states give you only 30 days to report your injury. Your claim could be denied if you don’t comply. Your employer must inform your insurance company about your injury. Your employer must notify your insurance provider within seven days of the injury in Florida. Failure to report the injury within 7 days will give your insurer an excuse to deny you benefits.
GATHER EVIDENCE FOR YOUR CLAIM
Once you have reported your injury, it is time to gather evidence to support your claim. Workers’ compensation claims must include a work-related injury as one of the most important requirements. A herniated disc is often a cumulative injury. It can be hard to prove that the injury is work-related. If you are seeking workers compensation for a herniated disc, you will need to provide evidence that the injury was work-related. This typically includes:
- Medical records
- Employment history
- Witness testimony
- Testimony of a doctor/medical expert
You may need to provide evidence depending on the severity of your injury to show that it is sufficiently severe to prevent you from working.
WAIT FOR YOUR INSURANCE PROVIDER TO MAKE A DECISION
The evidence submitted will be evaluated by your insurance provider. A case manager will review your case and determine whether you are eligible for benefits. If they consider your evidence to be satisfactory, they will approve your claims. Your claim could be denied if they are unsure that your injury is not work-related, or that it is not sufficiently disabling. If you are denied, you have the option to appeal the decision by providing new evidence or attending a mediation session. You can also take your case to court if that fails.
What Workers Compensation Benefits Can You Get?
The type of benefits you are entitled to will affect the amount of your workers’ compensation settlement. You may be eligible depending on the circumstances surrounding your injury.
All medical expenses arising from an injury in Florida or other states should be covered by your insurance company. This includes:
- Emergency treatment
- Consultations with a doctor
- Surgery (if required)
- If necessary, physical therapy
- Any other costs necessary to treat your injury/illness
To be eligible for medical benefits, your insurance company must approve your doctor.
Compensation For Lost Wages
Your insurance company will have to pay you wages lost if you are unable to work due to your injury. Each state has a different policy regarding wage loss compensation. If your injury is more than 21 days, you will not be entitled to lost wages benefits in Florida.
The state you live in will determine how much of your wage loss benefits. You can get up to two-thirds your weekly average wage before you were injured. It will depend on the severity of your injury, whether it is permanent or temporary. Check your state’s worker’s comp laws to make sure you are receiving the wages loss benefits you are entitled.
Your beneficiaries can receive death benefits if you die as a result of your injury. This includes funeral expenses, financial compensation for dependents, as well as educational benefits for your spouse (if applicable).
Workers Compensation Settlement For Herniated Discs Calculation
Workers’ compensation settlements for herniated discs typically range between $40,000 and $80,000. Sometimes, settlements can be more. Keep in mind that not all cases are alike and that settlement amounts may be lower or higher depending on your particular circumstances. These factors are important in determining the settlement amount:
- Nature’s debilitating qualities are
- The injury-related pain and
- Pre-existing injuries suffered by the worker.
An agreement between a worker and an insurer is called a worker’s settlement. These benefits may vary in form and can include:
- LOST LOCAL WORK
- Medical care for the injury is covered by compensation
- Permanent disability benefits
In certain cases, the injured party may agree to pay the cash value for their medical care. The settlement will then be written as:
- Release and Compromise, which are paid in a lump sum
- Stipulation with Request For Award, which can be delivered over many weeks or years.
What Is The Price Of A Back Injury Settlement
The severity of the injury will determine the value of your workers’ compensation case against herniated disc workers. These herniated disc cases can result in different settlement amounts depending on many factors. The settlement cost will be determined by the severity of the injury. Complex injuries can be classified into three types: critical, moderate, and low-level.
A few sessions of physical therapy can treat low-level injuries. Regular physical therapy is necessary for moderate injuries. Support braces are an aid. A critical injury can often require a lengthy surgical procedure and can severely impact a person’s quality life.
Stipulation With A Request To An Award
A Stipulation with a Request For an Award is one type of settlement. The worker who is injured will receive a payment for either temporary or permanent benefits. The worker will also be required to provide future medical treatment. These payments can be made immediately to ensure that the injured party gets their benefits. In certain cases, benefits will be paid out as soon as the worker requires them. A Stipulation that includes a Request for an award is often paid over many weeks or years.
Release And Compromise
A Compromise and release award is the second type. This settlement establishes the amount of the permanent and temporary disability benefits. The amount of money awarded to the injured party for future medical treatment is also decided. Compromise and release awards the amount of the future benefits and costs of future medical treatment. These expenses are covered by a lump sum payment that the worker receives.
A Compromise and release is the most popular form of payment when it comes to workers compensation settlements. The case is closed when the insurance company pays for the injury. The money is paid and the case is closed. The cost of medical care depends on many factors, including the opinions of doctors and what they believe the future will require.
What Is The Workers’ Compensation Payout For A Back Injury?
The average amount of compensation for lower back injuries is approximately $23,000. This is slightly less than the average settlement for all workplace injury cases. There are many factors that can affect the settlement value, as no two accidents will be the same.
These are some of the factors:
- Nature and severity of the injury
- Both the type and disability of disability
- Lost income amount
- The victim’s ability to earn a living
- The circumstances surrounding the injury
What happens if workers’ compensation doesn’t cover my herniated disc treatment?
Insurance companies sometimes deny workers’ compensation claims. Why? The cost of treatment for herniated discs is often high, and many workers don’t return to work after the procedure. If you have been disabled, your treatment costs will go up dramatically. All these factors mean that the insurance company will try to deny your claim. We have listed below a few ways that insurance companies tried to avoid settlements.
A pre-existing condition had affected the victim’s neck or back. The insurance company agrees that they will settle but only for a lesser injury. An experienced attorney can make this easier. They will represent you against the insurance companies and help you overcome any defenses they may use to deny your claim. They will also try to negotiate a larger settlement amount for you, as this is what you are entitled for your terrible injury.
What benefits can you expect from a Workers’ Compensation Settlement for Herniated Disc cases?
According to the Occupational Safety and Health Administration, the average worker’s compensation settlement for herniated disc cases is between $40,000 and $80,000. As we have mentioned, there are many factors that can affect the amount and drive it up.
These are some of the key factors that will determine how much settlement amount is paid.
- Medical expenses out-of-pocket
- The injury can cause pain and suffering.
- Gravity of the injury
- It is important to determine if the victim had any pre-existing conditions.
- Injured persons may be disabled or suffer from impairment.
- In the event that the injury causes permanent impairment or disability
- The ability of your attorney to negotiate the settlement amount
The following benefits are usually included in workers’ compensation settlements for herniated disc cases:
- LOST LOCAL WORKERS
- Permanent and temporary disability benefits
- Medical expenses and bills
- Permanent costs for care and treatment
- In cases where the victim is killed as a result of their injuries, family members can make wrongful death claims
What is the best way to get Workers’ Compensation Settlements for Herniated Disc Cases?
Workers’ compensation is available to anyone who sustains a herniated disc injury on the job. Workers’ compensation is not available for injuries that aren’t job-related. We list the most common types of work-related injuries that cause herniated discs below.
- Slips, trips and falls
- Falls from high peaks
- Collisions (stationary and moving) with objects
Repetitive movements such as sitting, twisting, turning or lifting heavy loads can cause stress to the lower back.