, there is a risk you will be diagnosed with a, . Replaced three discs. If you have sustained a cervical spine injury (or neck injury) at work you may need neck fusion surgery for nerve root impingement, a herniated disc etc. We make it easy for you to access more of the legal funding facts you deserve. Find out if you are entitled to compensation. Aggressive attorneys are usually friendly and caring individuals who take the time to speak to you about all the facts of your case. The average payout for workers' compensation cases, in general, was found to be $21,800. This is because a spinal fusion is a serious permanent procedure that is often life-changing and results in chronic pain. Many of my clients, including truck drivers, nurses, warehouse workers for large companies such as Amazon, Target, and Walmart, construction workers, delivery drivers for companies such as UPS and FedEx, flight attendants for airlines such as United Airlines and American Airlines, mechanics, utility linemen, and police officers, have improved after a lumbar or cervical fusion. Under the Workers Compensation Act and the Rules of the Workers Compensation Commission, your employer and its insurance company can stop your workers comp benefits if you unreasonably refuse medical treatment. I have settled multiple cervical and lumbar fusion cases for more than $250,000.00, including several for more than $325,000.00 and one for more than one million dollars. Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. Cervical spine injuries, including cervical spondylosis, can also result from prolonged strain or repetitive stress. Settlements in 2-level cervical fusion surgery are as high as 2-3 million dollars. In the wake of the incident, he was unable to return to work. What Medical Treatment is Available if I Decide Not to Get a Cervical or Lumbar Fusion, or if I Continue to Have Pain after the Spine Fusion? I am ready to help. For more detailed legal advice and information on spinal fusion settlements, contact our expert PK Simpson law firm so our personal injury lawyers can help you today on 1300 757 467. When you click the button you will be redirected to LawsuitInfoCenter.com. It will be found that a disabled employee has a post-injury wage earning capacity (PIWEC) and weekly checks get slashed. Helping Injured Workers Get Top-Dollar Settlements for Their Spinal Fusion Claims, fall from a height such as a roof or ladder, doctor you chose from the workers comp panel, pre-injury average weekly wage is the basis for many types of workers comp benefits, used private health insurance to pay for it, compensable consequence under workers comp, experiencing depression or anxiety because of the work injury, PTSD because of the underlying workplace accident, required to resign voluntarily as part of your workers comp settlement, settlement includes a cash buyout of medical benefits, Medicares interests in your workers comp settlement through a Workers Compensation Medicare Set Aside Arrangement (WCMSA), seeing another orthopedic surgeon for a second opinion, Rules of the Workers Compensation Commission, employer and its insurance company can stop your workers comp benefits, third party administrator (TPA) managing your claim, request vocational rehabilitation services to try to help you find a new job if you are unable to return to your pre-injury job, HITECH Act A Way to Get Medical Records in Your Disability, Workers Comp, or Personal Injury Case, My Employer Wants Me to Use Sick & Vacation Leave for a Work Injury, What evidence you need to win your claim for authorization and payment of a spinal fusion if the. You should undergo a discectomy first (unless you need the fusion because your first discectomy failed). $3 MILLION - Settlement (New York Labor Law Section 240) - A male construction worker, age 42, fell off a ladder and injured his spine in Manhattan, New York. If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits. Without Insurance: Laminectomy $50,000-$150,000. 2012. 4.2 The DRE method relies especially on evidence of neurological deficits and less common, adverse structural changes, such as fractures and dislocations. Yourorthopedic surgeonor neurosurgeon has recommended that you undergo a spinal fusion surgery for your back or neck problems. The usual timeline for settling a workers compensation case is 12-24 months, with the average case settling in about 16 months. Complications include deep vein thrombosis (DVT), pulmonary embolism, nerve injuries, infection, and difficulty with bone grafts or instruments used in the procedure. However, there are several factors that are the same in most cases and we have a free ebook for you about that. employee's cervical spine at the -6 levelC5, and we modify the award of permanent . The world does not stop even when your world is turned upside down from a cervical spine injury, and you still need to make ends meet. Call 888-488-7459 today or complete the form below to request a free claim evaluation with an experienced Long Island neck injury . Spinal Fusion is a Major Surgery. Spinal fusion is a high risk surgery that comes with serious complications, including death. Fax: (956) 707-0522 When you undergo cervical fusion surgery, you are rolling the dice on suffering complications that could impact your quality of life. Now your. A persons age, education, and occupation play critical roles. 25 Questions to Ask Your Workers Comp Lawyer. It is an attractive option for disabled employees who want to move on with their lives. PMID: 27224880 DOI: 10.1097/BRS.0000000000001713 . Do I Need a Lawyer for a Workers Comp Claim? What Happens if You Cant Return to Work After Neck Injury? And there was a risk of some type of complication post-surgery and the need for repeat surgery. We love answering work comp legal questions. While the odds of each risk vary depending on what they are and how severe the damage is, they are still worth keeping in mind when the surgery comes up. If you decide not to undergo a recommended fusion surgery or settle your claim, you may still receive additional medical treatment. The level of WPI is vital when assessing a workers ongoing entitlement to Workers Compensation. Generally, a personal injury claim settlement is not set in stone. So, a workers compensation injury that requires a cervical fusion surgery should result in at least a Category IV rating of 25 to 28 percent to the body as a whole. Metal plates, screws, and rods may be used to hold the vertebrae together, so they can heal into one solid unit. But it did not resolve your back or neck pain. Are you entitled to financial compensation for your work injury? Its very rare for a Workers Compensation insurer to let injured workers know what their rights are with regard to claiming lump sum payments for permanent impairment caused by a neck or any other work injury. Vocational rehabilitation often causes problems and disputes that lead to litigation. California Workers' Comp Settlements If you're entitled to permanent disability benefits, your final settlement or award will provide for regular payment of those benefits or, more typically in cases of partial disability, a lump sum for the total amount (minus any advance permanent disability payments). Youre not alone. Settlements are highly variable. There are many different spinal fusion techniques. personal injury damages). Your lawyer may also be able to help you file for additional benefits (i.e. Its risk-free because it is not a loan of any type (Some states even had court decisions determining legal funding not to be a loan). This is referred to as reaching MMI, short for maximum medical improvement. Aaron Winston is recognized as anexpert author and researcheracross multiple SEO industries. Our Michigan workers comp lawyers have been called the best in the state, and our clients love how theyre treated with care, respect, and responsiveness. But it did not resolve your back or neck pain. A Buffalo man received $100,000.00 for injuries to his low back, which required multiple surgeries. While most state laws only allow workers to seek benefits for job-related injuries, there are some exceptions. FAQs How Can You Get Free Legal Advice for a Work Injury? Either way, a cervical fusion claim can lead to a substantial payment. (RTW) status and compare RTW status after multi- versus single-level cervical fusion for patients with work-related injury. Lumbar fusions are the most common type of fusion performed each year, followed closely by cervical fusions. Your doctor may recommend cervical fusion if you both a positive myleogram, CT, or MRI (meaning it shows a herniated nucleus pulposus or spinal cord impingement caused by central disc displacement or something else) and one or more of the following neurologic signs: Neck pain alone, without other neurologic signs, is usually not a sufficient basis to undergo a cervical spine fusion. Ultimately, the settlement you can potentially win will depend on how severe your injuries are and how much corrective surgery was necessary. This allows them to finish medical treatment and vocational rehabilitation on their own terms. These claims result from automobile accidents, slip and falls, wrongful death incidents, homeowners insurance, work injury, construction accident, trip and fall, and other injuries to people. 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. You can speak to us anytime even if you think that you do not have a good case, without insurance, or already have a lawyer. But this does not make them any less severe. Even if your initial diagnosis is amuscle strain, there is a risk you will be diagnosed with aherniated disc. All cases are different, your age, wage, education, ability to return to gainful employment etc. In this post, we will explain important information about personal injury law and what initial steps to take. You underwent a laminectomy or discectomy for your work injury. Medical Insurance companies look at future medical needs and how long a person will be disabled from employment. All rights reserved. Based on the information provided: Lumbar DRE Category IV (as a result of fusion) = range 20%-23% WPI.
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