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However, when the back injury is due to another partys negligence causing us bodily harm, they become, or their insurance company becomes the party responsible for compensating us financially so we can get the treatment we need without worry. Call us now or Email! $262,000 won for a delivery driver who got a section 32 settlement. It is also important to note that litigating a claim of this nature will not absolve you of other financial responsibilities this means you might need some financial support. We know what to expect at every step of your claim - and what to do to protect your rights. You may be entitled to a cervical spine injury workers comp settlement if your are unable to work as a result of your injury. When healthcare professionals occasionally recommend cervical fusion, it is usually a last resort as the surgeon sees no other way to repair the damage. If you have an impairment rating of 50% for your hand injury, your lump sum will be calculated as follows: $500 x 100 weeks = $50,000. Revisions or second surgeries may attract between an additional 1-2 per cent WPI for each. Cervical spondylosis is a degenerative condition that affects many people as they age, but it can also result from "wear and tear" at work. Aaron R Winston is the Strategy Director of Express Legal Funding. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on ourtestimonials pagefrom clientswe have helped. Having an experienced California personal injury attorney on your side can be extremely helpful for your claim. If youve been injured at work and your treating doctor believes neck fusion surgery is required, you need the personal injury specialist lawyers at PK Simpson in Sydney to help you claim a lump sum compensation payment. These risks becoming a reality for patients have led to rising medical malpractice cervical fusion cases worldwide. Keep reading to learn about: The cervical spine is the uppermost portion of the spine. You should undergo a discectomy first (unless you need the fusion because your first discectomy failed). More people with injury cases are now choosing to go with spinal fusion surgery to help them heal from a car accident. 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. The primary risksto consider when cervical fusion is on the table are: In addition to these risks, it is possible to experience a reduced range of anterior motion after the surgery, even with physical therapy. Fortunately, there are a few existing examples of cervical fusion settlements that corroborate this information. Settling a workers compensation case is the last step in the recovery process . FAQs How Can You Get Free Legal Advice for a Work Injury? Spine published the results of the study in its February 15, 2011 issue. Disclaimer: This information is for general informational purposes only and should not be relied upon as legal advice without consulting with licensed attorney. 4.2 The DRE method relies especially on evidence of neurological deficits and less common, adverse structural changes, such as fractures and dislocations. the procedure is performed in a hospital and takes several hours.. . Surgery complications also play a role since a cervical fusion can impact your range of motion and make it challenging to perform ordinary physical tasks. Individuals with a neck injury can experience symptoms of pain that radiates down their arm, weakness, and headaches. For example, the Cleveland Clinic notes that, [straining] your neck often for your job, like looking overhead (for example, painters) or downward (plumbers or flooring installers) for many hours every day or keeping your head at an improper position for long periods of time (for example, staring at a computer screen that is too high or low), can cause cervical spondylosis. One mistake can result in spinal cord injury such as paralysis. He needed cervical fusion surgery to repair his spine. I examine the following factors when calculating the settlement value of a spinal fusion claim under workers comp: These factors are a good starting point for calculating a fair settlement amount for a work-related spinal fusion. Cervical spine injuries can be painful and debilitating. Roger Joiner ) Docket No. Many of my clients reach that decision after talking with their treating physician, seeing another orthopedic surgeon for a second opinion, and discussing the surgery with me and their family. For example, do not be surprised if the insurance claim adjuster suddenly disagrees with the doctor you chose from the workers comp panel and have been treating with for years, and sends you to an IME doctor to try to find a way not to have to pay for the fusion. 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? 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. Dont let the insurance adjuster push you around. A spinal fusion is a surgical procedure where your surgeon unites two or more spinal vertebrae so that motion no longer occurs between them and they heal into a single bone. The truth is that insurance companies use the same physicians over and over again because they expect a cut-off. Its good to know that even if you do receive a lump sum settlement for permanent impairment for your neck fusion surgery, it doesnt stop you from also receiving your weekly payments for lost wages, medical bills and current and future treatment expenses. You can get a free claim assessment, and your lawyer can tell you if you have a claim to pursue. , there is a risk you will be diagnosed with a, . degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. Is It Time to Speak with a Work-Related Injury Lawyer? On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. Yes. As Strategy Director of Express Legal Funding, Aaron has devoted thousands of hours to advocating for the consumer. $1.3 Million Verdict for 3 Level Cervical Spinal Fusion (Slip and Fall) Not actual restaurant where she fell. The usual timeline for settling a workers compensation case is 12-24 months, with the average case settling in about 16 months. Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. Get to know your legal team. If conservative treatment (epidural steroid injections, chiropractic care, physical therapy, etc.) Slip And Fall $262,000. Fax: (956) 707-0522 Copyright 2017 Corey Pollard | Virginia Workers Compensation Lawyer & Social Security Disability Attorney in Richmond, VA, Workers Comp Settlements for Lumbar and Cervical Fusion Cases, How to Determine a Fair Workers Comp Settlement Amount for Spinal Fusion Surgery, How to Negotiate a Fair Workers Comp Settlement if You Need or Have Undergone a Spinal Fusion (Cervical, Thoracic, or Lumbar). Does Workers Compensation Pay for Cervical, Thoracic, or Lumbar Spinal Fusion Surgery? When you click the button you will be redirected to LawsuitInfoCenter.com. Treatment for cervical spinal cord injuries can leave patients with mountains of medical bills; and, if your injury puts you out of work, you could fall behind on your other bills as well. If it is compromised in any way in a back or neck injury, you will find functioning in daily life virtually impossible. Request your free consultation today. RESULT: Settlement. 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: Loss of bowel and bladder function Sexual dysfunction Under Oklahoma Workers' Compensation Law the injured worker can choose his or her treating physician if the worker's employer fails or neglects to select a treating physician within five (5) days of receiving actual notice or knowledge of the worker's injury-all at the expense of the employer. Butcher injured his right arm from repetitive use on the job. Re: C6-7 Fusion and What Settlement Offers Should I Expect. WORKERS' COMPENSATION SETTLEMENT - $500,000.00. In addition to incurring enormous medical bills, the accident prevented Mr. Keiderling from working, costing him significant wages. You also have justification for refusing spinal fusion surgery if you underwent a discectomy for the injury before, with no improvement or recurrent pain and loss of function. PMID: 27224880 DOI: 10.1097/BRS.0000000000001713 . Can You Sue Workers' Comp For Harassment? When Can You Seek a Cervical Spine Injury Workers Comp Settlement? We also know how an insurance company may try to lessen the amount of your spinal fusion settlement. 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. Cervical fusion injuries can be devastating and almost impossible to recover from fully. Medical Cervical spondylosis is a degenerative condition that affects many people as they age, but it can also result from wear and tear at work. However, there are several factors that are the same in most cases and we have a free ebook for you about that. There is also a risk that your on-the-job injury will result in post-traumatic arthritis, oraggravate, accelerate, worsen, or flare any degenerative disc disease or osteoarthritisyou have. This is not intended to substitute for the advice of an attorney. So to get started, all you need to do is give us a call or apply online. Do You Need Free Workers Comp Legal Advice? Find out now with a free claim assessment. With Insurance: $200-$2,000 up to Out-Of-Pocket Maximum. We strive to see you gain more than just an average Workers Compensation settlement to help you on your long road to recovery. So they could stay focused on preparing for and getting to the surgery center without worrying about not having enough money to get there. Lumbar fusions are the most common type of fusion performed each year, followed closely by cervical fusions. The settlement amounts to pay for your expenses in injury cases and lawsuits will vary on several factors. Applying for Social Security disability benefits (SSDI) is usually the next step. Each month, thousands of web visitors read his articles and posts. If you decide not to undergo a recommended fusion surgery or settle your claim, you may still receive additional medical treatment. He initially had a pain management injection before subsequently undergoing a multi-level fusion surgery. The law is subject to frequent changes and varies from one jurisdiction to another. Personal 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. Attorney Alex Berman of Michigan Workers Comp Lawyers is responsible for the content of legal advertisements. 2. $1,178,073.00 Atlanta Worker's Compensation Settlement - Catastrophic Back Injury: Accident: Client slipped on ice at work. Your email address will not be published. These Neck Injuries Are Covered by Workers Comp, Newcrest Mining Limited Cadia Valley Operations, PYBAR Mining Services and Underground Mining Contractors, WorkPac Recruitment Hunter Valley Compensation. It requires the surgeon to navigate an area with countless nerves and muscles. Mr. Keiderling was not the only victim to earn a significant settlement for cervical fusion injuries. Compensation lump sum amounts payable for claims made on or after 19 June 2012 are set out in the table below: For injuries sustained after August 5, 2015, the amount payable for lump sum compensation has increased according to the table below: To claim lump-sum compensation for permanent impairment for your neck injury and resulting cervical fusion surgery, you will need to contact specialist personal injury lawyers such as those at PK Simpson in Sydney. The Law in All 50 States. At that same intersection, a woman in an SUV was rear-ended by another man named Thomas Cline. You want to choose an attorney that you connect well with and that has the skills you require. Like the 2-level surgery, the 3-level surgery involves the removal of multiple discs during surgery and the placement of hardware. Watch out for insurance companies who make lowball settlement offers. Do I Need a Lawyer for a Workers Comp Claim? This is the case even if the cervical fusion is completely successful and completely relieves all radiculopathy. This is a condition where the natural inward curve of the neck reverses. For example, if you have major injuries from a dog bite with a high homeowners insurance policy it might be important to go to litigation. Types of Cervical Fusion Following are just a few of the results the attorneys at Sakkas, Cahn & Weiss, LLP have obtained for past clients. 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. Work Rates After Single-level Cervical Fusion for Degenerative Disc Disease Compared With Fusion for Radiculopathy in a Workers' Compensation Setting . This article will assess the current settlement trends of cervical fusion injuries and jumpstart a general expectation for any settlement you are owed. Given the risky nature of the procedure and the laws in some states, the chance of filing a medical malpractice claim successfully for the harm caused by having an unsuccessful cervical fusion surgery is low. A spinal fusion can be performed at any level of the spine cervical, thoracic, and lumbar. The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. This field is for validation purposes and should be left unchanged. In our experience, successful monetary recoveries for simple neck injury may range anywhere from $2500 to $50,000. I am ready to help. At Terry Katz & Associates, our workers' compensation attorneys have helped thousands of New York workers affected by work-related injuries, such as a neck injury, secure maximum workers' compensation benefits.