Herniated Discs and Workers Comp Settlements

A recent study found that herniated disc cases per 1,000 adults range from five to 20 in the U.S. each year. Most injured persons experience this at 30 to 50 years old, and it overwhelmingly affects men. The study also found that herniated disc injuries result in disability and job loss.

For those suffering from unexplained back pain, it’s important to look at the source of the injury and seek medical treatment. Herniated discs, if left untreated, can lead to other painful musculoskeletal conditions over time.

If a work-related injury caused your herniated disc, you might be eligible for workman’s compensation benefits to apply toward medical expenses, lost wages, and other expenses related to the injury. Tampa and Sarasota-area residents should speak with a qualified workers’ compensation lawyer to learn more about your options in the state of Florida.

What Is a Herniated Disc Injury?

It is one of the most common work-related injuries in the United States. This injury occurs when the soft, rubbery material inside the disc protrudes through the outer layer and presses against the nerves in the spine.

Suffering from a herniated disc can be a harrowing and debilitating experience, but there are steps you can take to manage your symptoms and get back to your usual self. Your doctor will prescribe an appropriate course of action.

Symptoms of a Herniated Disc

Did you know that some cases of herniated disc injuries are asymptomatic? Medical professionals only discover these cases after using advanced imaging. Roughly 90% of symptomatic cases take about six weeks to resolve, but others have longer-lasting effects.

Here are some symptoms to look out for:

• Back/neck pain
• Numbness
• Weakness
• Loss of reflexes

Seek medical attention immediately if you experience any of the symptoms above. Left untreated, a herniated disc can lead to more severe problems such as nerve damage, paralysis, and bladder or bowel control loss.

Causes of Herniated Disc Injuries at Work

You might not realize you have a herniated disc until the pain has progressed. Knowing potential causes can increase your likelihood of identifying the problem before it worsens. Here are some common ones at work:

• Heavy lifting: Manual labor puts stress on the lower back, especially when lifting heavy objects.
• Repetitive motions: Sitting in one position for too long or performing repetitive motions can cause your discs to break down gradually.
• Slips and falls: Accidents at work can jolt your spine, potentially leading to a herniated disc.
• Trauma: If you experience any accident at work that involves direct trauma to the spine, you could end up with a herniated disc.

What Are the Common Challenges with a Herniated Disc Case? 

Herniated discs are among the most common worker injuries and the most common back problems in general. This is one of the greatest challenges regarding Florida workers’ comp herniated disc injury claims. Your employer’s insurance company may allege it was not a work-related injury or was a pre-existing condition.  

Proving that a herniated disc work injury has occurred while on the job is another potential hurdle. If you fell while on the job and herniated a disc, that is one thing. However, if it results from performing repetitive movements at work over a long period of time, it is likely to be challenged by the insurance company.  

Your attorney can collect evidence to substantiate your claim, such as your medical records, including imaging studies, work history, job description, incident reports, witness statements, and expert witness testimony. 

Pre-existing Conditions and Florida Workers’ Comp  

A pre-existing herniated disc does not automatically disqualify you from receiving workers’ compensation benefits. Under Florida workers’ comp law, you may still receive benefits if the pre-existing condition was “aggravated” by the workplace injury. However, expect the insurance company to challenge the notion that your symptoms resulted from a new or aggravated condition. 

Only work injuries that are more than 50 percent responsible for aggravating the pre-existing condition may qualify for workers’ compensation benefits. The workplace injury must be the Major Contributing Cause (MCC) of the herniated disc.  

It falls onto the injured worker to prove they meet the minimum 51 percent threshold. Medical records detailing both the pre-existing condition and the current injury are essential for establishing a substantial worsening of the condition after the work injury. 

What to Do After a Herniated Disc Injury at Work

When it comes to work-related injuries, your first step may include reporting them to your employer and filing for workers’ compensation. If successful, this step ensures you receive medical treatment and financial support if you need time off from work or other accommodations.

Speak to one of our experienced workers’ compensation attorneys to better understand your rights and the extent of your benefits under the law. Our attorneys can also advise you on how to proceed with filing a claim.

Next, take your doctor’s advice. Depending on the severity of your injury, you may need physical therapy, surgery, or other treatments to help manage pain and reduce inflammation. Take the medication prescribed as instructed and avoid any activities that could worsen your injuries.

Keep up with appointments so that your doctor can monitor your progress and adjust your treatment plan as necessary. This is critical to maintaining your benefits.

Average Herniated Disc Workers Comp Settlement in Florida

Every herniated disc injury case is unique. Final amounts vary based on the specific circumstances and the severity of the injury. An experienced attorney at Berlin Law Firm will know what to look for and can provide an estimated range regarding the worth of the case. Knowing the average settlement for these incidents can also help you set realistic expectations.

What Factors of a Herniated Disc Injury Contribute to Compensation?  

A worker who recovers from a herniated disc and returns to their job will typically receive fewer benefits than someone who is permanently unable to work due to their injury. In Florida, the type and duration of benefits depend primarily on medical restrictions and work status. 

Compensation is calculated using a statutory formula based on the worker’s average weekly wage. If the injury results in permanent limitations that prevent a return to prior employment, the worker may be eligible for vocational retraining. Florida law also provides for temporary total, temporary partial, permanent impairment, and permanent total disability benefits, each with distinct eligibility criteria and benefit periods. 

At Berlin Law Firm, our Florida workers’ compensation attorneys understand how to evaluate the correct benefit levels for your herniated disc injury. We work to protect your rights and advocate for the full compensation you are entitled to under Florida law. 

Additional Benefits Available After a Herniated Disc Injury

A lump sum settlement can help you secure the medical care you need to recover, but it may not give you your life back. Your doctor might decide it’s not in your best interest to return to work in the same position. What next then?

Should you need to change areas of work, our experienced lawyers can help you maximize your herniated disc benefits to also cover:

• Job retraining: If you can’t return to your previous job, you may be eligible for training or education in another field.
• Vocational rehabilitation: You may qualify for vocational rehabilitation if you need help finding a new job that accommodates your restrictions.
• Permanent partial disability: If your injury is permanent and reduces your ability to work, you may receive compensation for the percentage of loss.

What Happens if Workers’ Comp Doesn’t Cover My Herniated Disc Treatment? 

Under the Florida workers’ compensation system, a person injured while on the job cannot seek treatment from their personal doctor. They must undergo examination, diagnosis, and treatment by a doctor chosen by the employer’s insurance company. Although Florida workers’ comp law permits an injured worker one change of doctor during the claim period, the insurer also chooses the second physician.  

The insurance company is incentivized to minimize the severity of your herniated disc. Many people recover by taking pain medication or going through physical therapy. Surgical treatment is generally recommended for herniated discs only after medications or spinal steroid injections cease to work.  

If your workers’ comp benefits do not cover your treatment, you need the services of an attorney specializing in Florida workers’ comp herniated disc injuries. Trust legal counsel to navigate the complexities of workers’ comp and the particulars of your injury. 

Experienced Workers Comp Attorneys Serving Tampa & Sarasota, FL

There is no room for mistakes when it comes to herniated disc injuries and workers comp cases. Too much is at stake in terms of your health and financial security. Call or visit our Sarasota law office or our Tampa location and speak with a friendly and supportive member of our workman’s compensation team. Our attorneys at Berlin Law Firm look forward to hearing from you.

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