If you have been injured or have become ill due to a workplace incident, we recommend speaking with a local workers comp attorney to discuss your case. This includes many. All you need to do is apply for lawsuit funding and qualify for the advance. Copyright 2017 Corey Pollard | Virginia Workers Compensation Lawyer & Social Security Disability Attorney in Richmond, VA, Calculate a Fair Workers Compensation Settlement Amount for Lower Back Injuries, Lumbar Strains/Sprains, Spinal Stenosis, and Lumbar Radiculopathy, Back Injury at Work? Work-related back injuries fall into the following categories: Your spine is held in place by muscles, ligaments, and tendons. As long as you can prove that one particular incident was the straw that broke the camels back, you can get workers comp even if your job involves repetitive acts. This condition is called post-operative epidural fibrosis or adhesive arachnoiditis, depending on the scar location. Workers' Compensation Lawyer in Brunswick, GA Website (678) 783-8554 Message Book a Time Posted on Nov 7, 2012 Yes future surgery cost should be a part of any settlement. Cervical Spine Injuries No one wants to believe that they can get hurt on the job. This website is designed and owned by Baker Street Funding, LLC; any unauthorized use or copies of this material will be punishable by law. Baker Street Funding is aPremier Legal Funding Firmdesigned to strategically connect select financing opportunities with our extensive network of sophisticated partners and staff. Lumbar spine degenerative disc disease can take many forms: The extent of the lumbar disc disease, its impact on nerve roots and disc stability, and your symptoms determine if you are a surgical candidate. An expert legal professional will negotiate a settlement in your favor and may successfully claim the maximum compensation amount possible in the given circumstances. This nerve conduction is what signals the pain you are experiencing. Read through the latest Baker Street Funding news coverage. Call now for a free consultation: 804-251-1620 or 757-810-5614. You only need to show that the work injury was a cause of the ongoing disability and need for treatment, not the primary cause. *** Baker Street Funding, LLC has NO affiliation with other firms or individuals who have business addresses in the same premises or building of our business addresses. One study found that more than 60 percent of workers comp claims that involved spinal fusion surgery was first reported as cervical or lumbar strain or sprain. Am I at Risk of Suffering a Back Injury at Work? But its possible to have sciatica impacting both legs. Those of you living with it may have a lower quality of life than those with other pain conditions such as, Chronic Regional Pain Syndrome (CRPS, also called Reflex Sympathetic Dystrophy). The Montgomery County jury awarded the plaintiff $120,429 in damages. Spinal fusion is a high risk surgery that comes with serious complications, including death. Magnetic Resonance Imaging (MRI) that creates an image of the soft tissues of the lumbar spine. But talk with an attorney first. It is not unusual for a Laminectomy/Decompression: In this procedure, the surgeon removes bone from the vertebrae to open the spinal column and reduce pressure on the nerves. How to negotiate a top-dollar workers compensation settlement for spinal fusion if you are undecided about moving forward with the procedure or have already had it. Collecting medical records is one of the first steps an attorney takes in apersonal injury case. Please use this information to get the medical attention you need to recover and cash payments that provide financial security after a work-related back injury. The sheet states that up to 1/3 of workers compensation lumbar fusion patients report a poor result. But you must prove that you have, Insurers and claim administrators deny many back injury claims initially. , there is a risk you will be diagnosed with a, . You may require more than one round of physical therapy for your lumbar strain, with each round consisting of 10 to 20 sessions. There is also a risk that your on-the-job injury will result in post-traumatic arthritis, or, aggravate, accelerate, worsen, or flare any degenerative disc disease or osteoarthritis. Web2. I recommend pursuing benefits no matter what the insurer says and hiring an attorney to fight for you. But you must prove that you have reached Maximum Medical Improvement (MMI) for the back injury and obtained a permanent impairment rating signed by a medical doctor. Many employers and insurers ask for resignation as part of the settlement. But any lumbar fracture can cause difficulty walking, sitting, standing, or using your arms and legs. benefits if the back injury results in permanent loss of use and function of one or more legs or arms. Of those injuries, OSHA states that 4,764 were fatal. Your surgeon may recommend fusion if your spinal range of motion is disrupted, either from trauma at work, a car accident, a slip and fall, a fall from a height such as a roof or ladder resulting in a fractured vertebrae (both burst fractures and vertebral compression fractures), a herniated disc that causes cauda equina compression syndrome, or worsening degenerative changes (spinal stenosis, spondylosis, lordosis, spondylolisthesis, scoliosis, etc. Get low-cost financing for an appeal from a lender that understands the appellate process and capital needs. Like car, home, and all other types of insurance agents, workers comp insurance agents will do everything in their power to minimize their payout. Its purpose is to discuss common back injuries and the medical, legal, and vocational factors that impact back injury claims settlement value. Burn injuries $53,000. Determine if Ill need evidence showing that the work-related back injury worsened degenerative disc disease. But, you are hesitant to have the surgery and want to negotiate a, 2. It compared final treatment outcomes including return to work, disability, and the use of opioid drugs for pain management. Degenerative Disc Disease In many cases, neck pain is the result of an injury to the spine. The disks interior can squeeze through the tear and bulge out. Unless your permanent disability is rated 10% or less, you should strongly consider speaking to a workers' comp lawyer about your options for settlement and what a fair amount would be for someone with your medical impairments. But it happens. which necessitate future surgery including a laminectomy fusion surgery to his lumbar region. Some of these procedures are performed together, such as laminectomy and discectomy. The most common fusion procedures for the cervical spine are: The most common fusion procedures for the lumbar spine are: The most common fusion procedures for the thoracic spine are: Make sure you discuss the specifics of each of these spinal fusion procedures once you know what type is recommended. The workers compensation insurer issues a medical treatment denial or delays physical therapy and medication post-surgery authorization, slowing down and hurting your recovery. Additional restrictions may apply. 3. WebThe following percentages relate to the cervical spine whole person impairment (WPI) rate: DRE Category I 0 per cent WHI DRE Category II 5-8 per cent WHI DRE Category III Its a world of danger out there. For the 2,057 back injury cases settled in 2018,. . The surgery addresses the spine, but there are other causes of your pain, and spine damage is only one. They don't have a set formula or a specific dollar amount. Maintenance and Repair worker: If you perform maintenance at a large facility, such as a hospital or factory, or an apartment building or housing complex, you likely do lots of lifting, pushing, and carrying. and a fair workers compensation settlement for a back injury. For example, a nurse or construction worker who suffers a back injury on the job and undergoes a lumbar fusion will likely have permanent restrictions that prevent them from returning to the pre-injury position. These types of musculoskeletal impairments are referred to as lumbago when they are not accompanied by radiating pain. The sacroiliac joints are where your lower spine and pelvis connect. Does Spinal Fusion Surgery Provide a Better Outcome for Workers Comp Patients? Janitor: If you clean hotels or commercial buildings, you likely spend a lot of your shift on your feet, lifting. Weakness and reduced use of one or both arms, Intermittent, but severe, episodes of arm pain that interfere with your ability to work or perform activities of daily living, Impaired ability to control your voluntary muscles, Loss of control of involuntary functions such as bowel and bladder control or sexual function, Anterior Cervical Discectomy and Fusion (ACDF), Posterior Cervical Decompression and Fusion, Anterior Cervical Corpectomy (part of the vertebral body is removed) and Fusion, Transforaminal Lumbar Interbody Fusion (TLIF). The insurer offered you a settlement to try to cut your cost. Our legal funding amounts start at $1,500, and our rates are simple and capped in the third year of your loan to protect you from rising interest rates. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Can I Still Receive Workers Compensation Benefits or a Settlement if I Refuse to Have a Spinal Fusion? If you or a loved one has suffered a spinal injury at work or caused by another drivers negligence, and now needs cervical, lumbar, or thoracic fusion surgery, call me for a free consultation: (804) 251-1620 or (757) 810-5614. This means that objective diagnostic imaging from Magnetic Resonance Imaging (MRI) or a CT scan would show lumbar spine damage, though you have no symptoms. From what I have seen, the number of complex fusion procedures performed has increased over the past five years. You lack transportation to and from your medical appointments. If you are looking for litigation funding, we provide financing in most states for attorneys and all states for corporate claimants. What is the Average Workers Compensation Settlement Amount for Back Injury and Lumbar Spine Degenerative Disc Disease? As spinal infusion is the most complicated form of treatment, it dramatically increases the potential of a settlement in back pain injury claims due to the following reasons: Generally, three levels of medical treatment are available in a back injury case. Typical workers comp defenses in back injury claims include: No matter why the insurer denies your back injury claim, you have the right to your day in court before theWorkers Compensation Commission. Your surgeon may recommend lumbar spinal fusion surgery if you have positive findings on objective testing and one or more of the following: Last year surgeons performed more than one million spine surgeries, with more than 300,000 of those being spine fusions. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. No matter why the insurer denies your back injury claim, you have the right to your day in court before the. Your case is worth more if you earned more money when injured. If you have questions about your legal rights after a work injury or want help negotiating a workers comp back injury settlement, call me: (804) 251-1620 or (757) 810-5614. The pressure on the nerve root causes the symptoms you are experiencing. WebFor instance, a claim involving a car accident with numerous injuries may be awarded a much higher amount than the average settlement for spinal fusion surgery workers comp claim. These risks are why spinal fusion is often the last resort for workers who have suffered a neck or back injury. This involves submittinga Medical Records Release Letter and Authorization to Disclose Information Form to your medical providersandusing the HITECH Act to keep legal expenses low. Call us now or Email! 1922 Chouteau AvenueSt. Is My Job Putting Me at Greater Risk of Injuring My Back? Any word related to a loan(s), lending, lender(s), borrow(er), and cash advance(s) may be used to refer to legal finance. Grade III Lumbar Strain: A Grade III back strain is the most severe type of lumbar strain. These transactions are non-recourse financing agreements, which means that we are making an equity investment into your litigation. Did Your Back Injury Cause Permanent Impairment of the Legs or Arms? Medical financing services for plaintiffs involved in personal injury lawsuits. But you can fight the insurance companys denial and use the workers comp discovery process (interrogatories, depositions, requests for production of documents, subpoenas) to find the defenses and determine how to defeat them. Include these risk and possibilities in your settlement evaluation. According to the NCCI, the average workers compensation costs for a low back injury were about $37,000, while insurers paid about $33,000 for a claim involving an upper back injury. You can expect from $150,000 to more than $200,000 with spinal fusion cases. Conservative treatment for back injuries includes: Some of you will require more than conservative treatment for your back injury. What are the Physical Requirements of Your Pre-Injury Job? The distinction is significant because some states workers comp laws do not cover cumulative trauma injuries. Generate a streamlined agreement, and get unparalleled service all at a cost that may surprise you. Or your symptoms might develop gradually due to repetitive activity or motion over time. Ive represented many clients who develop this condition after a laminectomy and require a second surgery often fusion. Access straightforward financing for a portfolio of cases. Failed back syndrome is a big problem. Depending on the type of drugs, you may spend between $100 and $400 per month for medicine. you can receive if you need to have or have already undergone spinal fusion surgery; and. This sum includes both settlements and awards given at trial. The average payout for workers compensation cases, in general, was found to be $21,800. Based on this study, workers compensation back injury settlement amounts (and award amounts) tend to be slightly higher than the average settlement and award for workers comp cases in general. what is the average workers compensation settlement for a person who suffers from spinal stenosis what does Ohio bwc pay for 2 or 3 spinal fusion, deviated spine, nerve damage Wiki User Insurance companies You develop spinal stenosis as a complication of back surgery. This puts you at risk of suffering a back injury at work. These benefits are payable even if you have returned to full duty work. Several factors determine the appropriate settlement range for your work-related back injury. Statistics published by the Workers Disability Compensation Agency show Lawsuit funding helps in many ways. Carpal tunnel $32,100 +. Read about how our legal funding services can help you. This condition is called pseudo-arthrosis. The authors used multivariate logistic regression analysis to identify prognostic factors for return to work. Case value must be at least $100,000+. I am ready to help. Pointing to normal MRI or CT Scans or a physicians statements that your pain complaints do not match the lumbar spine MRI findings. Find sophisticated settled case legal funding solutions for law firms and attorneysnow, and for future success. This is the third level of treatment; therefore, the parties to the claim take it very seriously, and the chances of a settlement value increase astronomically. Determine if Ill need to differentiate the current injury from a past back injury or lumbar spine conditions. Web$250,000 settlement for aggravation of a pre-existing neck injury in a car accident. It is important to know the importance of speaking with a personal injury attorney if you have been injured on the job; even if you have (or will) receive workers compensation. This puts you in awkward positions that lead to back injuries. Its not surprising. If a disc is squeezed suddenly by the vertebrae above and below it, which may happen when a person is lifting a heavy object or struck in a motor vehicle crash, the disc covering may tear. All Rights Reserved. Over the past twenty years there has been an increase in the use of spinal instrumentation systems that use hardware such as pedicle screws, plates, rods, wires, hooks, and cages of different materials. ), You are going through litigation. Terms and conditions can be found at bakerstreetfunding.com/privacy-policy, New York: 77 Water Street, 7th fl., New York, NY, 10006Florida: 780 5th Avenue, #200, Naples, FL 34102. WebIts common to see spinal fusion settlements settled for over six figures and even more than half a million. Many low back injuries require spine surgery, while few upper back and thoracic spine injuries do. Our experts break down complex ideas in a way that's easy to understand so you can stay informed on current trends as well as tips and fact checked information by the CEO and founder, Daniel Digiaimo. You have a stressful domestic life (spousal abuse, divorce, etc. See why my fellow attorneys and past clients have named me a Top 100 High Stakes Litigator and one of the. $860,000 Settlement Jul 20, 2022 Case Type: Workers Compensation Location: Cape Girardeau, Missouri Courhouse: Division of Workers Compensation While installing road signs in Jackson, Missouri, our client experienced a sharp lower back pain that resulted in a visit to the emergency room. Laborers, electricians, plumbers, painters, forklift operators, welders, linemen, ironworkers, pipefitters, brick masons, crane operators, and roofers spend a lot of time lifting, twisting, climbing, and bending to get the job done. There is a strong likelihood that the insurance company will deny your back injury claim initially. Call now for a free consultation: 804-251-1620 or 757-810-5614. Does Workers Compensation Pay for Cervical, Thoracic, or Lumbar Spinal Fusion Surgery? But it did not resolve your back or neck pain. Now yourtreating physicianhas recommended you undergo a spinal fusion. Often there is no swelling or bruising. WebAverage settlement amounts for lower body injuries include: Lower back $36,882 Hip /thigh/pelvis $58,146 Leg $57,476 Knee $33,153 Ankle $30,486 Foot/toes Retail Sales Workers: Retail jobs require lifting objects and interacting with the public two activities that put you at risk of a work-related back injury. We currently fund in Nevada at a minimum of $20,000. It results in minor muscle damage and limited functional loss. Sprained muscles $32,500 +. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Another accident, such as a fall in the shower or an auto crash, is the reason you need a spinal fusion, not the work injury. Those accident victims with enduring injury may need to undergo spinal fusion surgery or cervical fusion surgery so that the damage will be repaired. For more information on this topic, read my article: Workers Compensation Herniated Disc Injury Settlements, Osteoarthritis/Spondylosis: This condition refers to age-related wear and tear of the spinal discs, deterioration of the cartilage protecting the vertebrae, or narrowing of the space between vertebrae, Spinal Stenosis: This condition is a narrowing of the spinal canal resulting in pressure on the nerve roots and other spinal structures, Spondylolisthesis: This condition refers to the displacement (movement) of vertebrae in the low back, International Association for the Study of Pain (IASP) defines failed back surgery syndrome as, : Lumbar (cervical) pain of unknown origin either persisting despite the surgical intervention or appearing after surgical intervention for spinal (origin) pain originally in the same topographical distribution., Failed back syndrome can occur after any type of spine surgery but most often occurs after a laminectomy, There are several reasons why your back surgery may fail to relieve pain. ), or secondary to a failed back surgery, and causing significant pain and instability in the spine. There are more. In my opinion insurers raise this argument because the younger you are when you have the spinal fusion, the greater the likelihood that you will need a revision fusion or an extension of the fusion to other levels as you age. . And the loss of enjoyment of life and ability to work, combined with the cost of medical treatment, equals tens of billions of dollars per year. Factors that Impact the Value of a Spinal Fusion Settlement Amount How much you will receive in a settlement for your Pushing and pulling equipment, machines, or carts, Stocking shelves or filling orders at a distribution center or warehouse, Stressful work environments with loud noises, gases, fumes, and dust, Working at heights, such as ladders, scaffolds, and roofs, Working the night shift (graveyard shift), Decide if I need to subpoena witnesses to testify about their observations of the clients pre- and post-injury capabilities and changes. Many of these injuries are life-changing, resulting in time missed from work to recover and the need for back surgery. These reports should discuss the ability (or inability) to sit, stand, walk, lift, carry, push, or pull, as well as the side effects of any medication taken for the condition. But you must act fast you have, Permanent impairment and loss of use of your arms or legs, injury in a work-related motor vehicle accident, your orthopedic doctor may recommend surgery, The Occupational Safety and Health Administrations (OSHAs) data, A Workers Compensation Award Letter is one of the few ways an injured worker can obtain leverage in settlement negotiations, surgeon removes the spinal disc between two or more vertebrae, then fuses the vertebrae using a bone graft or metal hardware (screws, rods, etc. Workers compensation back injuries involving spinal fusion surgeries tend to have higher settlements than other types of back injuries. It results in swelling, complete tearing of the muscle, and loss of strength or tendon function. But, the compensation awarded in cervical fusion is not standardized; thus, the amount varies from case to case. Total Disc Replacement: In this back procedure, the entire herniated disc is removed, then replaced with an artificial disc. What are Common Causes of Work-Related Back Injuries and Pain? The Minnesota Department of Labor and Industry has published a fact sheet detailing the concerns associated with lumbar fusion surgery. Generally, a successful lawsuit In that case, you will be eligible for moretemporary total disabilityandtemporary partial disabilitypayments. But Sometimes, Settling Your Claim Before the Operation is Best. Please use this information to get the medical attention you need to recover and cash payments that provide financial security after a work-related back injury. I recommend pursuing benefits no matter what the insurer says and hiring an attorney to fight for you. Tests and signs showing back pain or lumbar spine conditions such as: Results from diagnostic imaging tests such as: Computerized Tomography (CT) that assess the spinal structures for a herniated disc or stenosis. What are Signs that Indicate I May Benefit from Lumbar Spinal Fusion? Baker Street Funding approval methods come with critical essentials for getting ahead fast, including larger approvals in connection to a thriving funding team of like-minded people., For more information, visit bakerstreetfunding.com/about/, * This post is for educational and informational purposes only. The amount will receive from the insurance for your spinal fusion claim depends on various factors. Overexertion lifting, carrying, pushing, or pulling too much weight is a primary cause of these injuries. This is called a rupture. The disc bulge can compress, irritate, and damage its accompanying spinal nerve root, which causes more pain. Are you or a family member one of the more than 1 million American workers who suffer a back injury at work each year? If this conservative treatment fails, your orthopedic doctor may recommend surgery. Under federal law, false suggestions of endorsement or sponsorship or misuse of the Baker Street Funding trademark are actionable under the Lanham Act, 15 U.S.C. This article aims to help you getbenefitsand a fair workers compensation settlement for a back injury. Here, we will go over spinal fusion cases, the impact of spinal fusion on settlement value, the importance of hiring a lawyer with relevant expertise in back pain claims, and the pre-settlement funding available in spinal infusion cases. How Much Did You Earn When You Hurt Your Back? Please consult your attorney and your financial and tax advisors before making any decisions. You will need to calculate projected medical expenses for the back injury, including any aggravations and additional episodes you might experience in the future. You have a greater risk of hurting your back at work if your job involves any of the following duties and responsibilities: In 2018, ten occupations made up 40 percent of all workers comp cases arising from musculoskeletal injuries. Judge's Review of the Settlement The national average cost of this procedure is around $11,800, according to New Choice Health. If you injure your back at work and need spinal fusion surgery, this could be a much more complex and costly operation. The national average for this procedure is $110,000. Yourorthopedic surgeonor neurosurgeon has recommended that you undergo a spinal fusion surgery for your back or neck problems. Baker Street Funding's Blog | What Is The Average Settlement Value For Spinal Fusion? And you are in the right place to learn how to get medical treatment and every dollar you deserve for a back injury underworkers compensation law. data from the National Council on Compensation Insurance (NCCI). The operation addressed the backs wrong level, such as when the surgeon removed the L5-S1 disc when the L4-5 disc was causing pain. WebFinding settlement amounts in workers' compensation claims that were resolved in the previous five years yielded an average workers' compensation settlement amount of But this action is rarely, if ever, taken by employers and insurers when an injured worker refuses to have spinal fusion surgery.