Ever heard of a compensation for herniated disc workers before? If you answered NO, then this article is just for you!
Compensation for herniated disc workers is an issue of recent concern. No matter how safe a workplace could be, the inevitable always happens: Accidents at the workplace. Among the most common of these accidents is disc herniation.
What Is A Herniated Disc?
When one’s spine is put under pressure or stress during lifting, bending, twisting or any other strenuous physical activity, an injury may occur to the disc(s). This may cause a weakness of the muscles or ligaments of that area resulting in a bulging of the disc through this point of weakness. This bulge can also be called a disc prolapse or a disc herniation.
Classification Of Disc Herniations
A disc herniation could be classified as occupational or traumatic. The former is an injury to the spinal disc that occurs due to long-time, repetitive and strenuous activities that involve the spine. Workers who have engaged themselves in very strenuous activities over a long period of time are at risk of this type of disc herniation. The latter occurs when there is a sudden injury such as one falling from a roof and landing in a sitting position.
Both types of herniation, of course, will cause pain and discomfort to the worker. In severe cases, the injury could totally paralyze the worker or make him/her immobile and thus not capable of working again.
The issue of compensation settlements is our main point of focus. The law, depending on the state or country, provides an avenue and platform for workers to get compensated for injuries that they get in the course of performing their job-related duties.
What Is The Average Settlement For Herniated Disc Workers Compensation?
Just like with the compensation of any other injuries, several factors must be considered in the herniated disc lower back workers comp settlement.
First, and most important is the aspect of the injury being denied or conceded. The cost of settling a conceded case is usually higher than a denied case. This is because there is no discount on the value of the case since the likelihood of losing liability during the hearing is very slim.
Secondly, what is the level of the injury and resulting impact on the worker? Disc herniation could lead to a worker experiencing mechanical pain. This is a type of pain that one experiences from the parts of the spine that move during a physical activity, such as discs and ligaments. Another type of pain is the one that results from inflammation. This occurs when the nucleus gets squeezed through the annulus. Under normal conditions, the nucleus does not come into contact with the body’s blood supply. However, if during the injury, the annulus gets torn and the nucleus is pushed through the tear, it(nucleus) will come into contact with the blood supply resulting from a chemical reaction within the nucleus. This will definitely lead to a painful inflammation.
The third cause of pain resulting from disc herniation is when a spinal cord is put under pressure due to the injury. This is called a neurogenic pain and will radiate along the spine making the person very uncomfortable.
These three types of pain could lead to the severe or permanent disability of the worker. If this occurs, the settlement of compensation will be higher than if the impact of the injury was less threatening.
More On The Settlement
After a thorough review of awarded average herniated disc settlement value from different law firms in the US, the amount of your settlement for a permanent disability caused by disc herniation could range anywhere between $190,000- $240,000. Of course, this will depend on other related factors such as the terms of service of the insurance firm and whether you will get a lump sum pay or a monthly pay of the amount awarded. Lump some pay usually totals to a bit less than the monthly payment.
If the impact of the injury does not compromise the worker’s ability to work, then the settlement is likely to be much less than the quoted amounts above.
An important point to note is to get the right attorney to handle your case. It may help a great deal to do a proper background check of your attorney before hiring him/her. Click here to learn more about the post-concussion syndrome settlement.