2021 |

A herniated disc can cause chronic, debilitating pain, along with other complications, such as reduced mobility and loss of bladder control and sexual function. While physical therapy and surgery can go a long way to treat herniated discs, and pain management can help alleviate symptoms, in some cases, a workplace herniated disc injury may result in a worker being classified as permanently disabled.What Is a Herniated Disc?According to the American Association of Neurological Surgeons (ASNS) a herniated disc – also known as a slipped disc or ruptured disc – refers to an injury in which the soft, spongy interior portion of a spinal disc breaks through the disc’s hard exterior. The disc presses into the spinal canal and puts pressure on the spinal cord and the nerves that extend out from the spinal cord.Does a Herniated Disc Qualify Me for Disability Benefits?A herniated disc injury may result in a designation of permanent disability and make you eligible for disability benefits from workers’ compensation if:The herniation compromises a nerve root or the bundle of nerves that lead out from the spinal cord.The injury causes widespread pain, limited range of motion, or motor function loss due to atrophying of the muscles.Loss of sensation or reflexes and loss of motion in the legs.You will likely need to provide medical documentation, including examination results and radiology scans, to establish that you suffer from one or more of these conditions.Difference Between Bulging Discs and Herniated DiscsWhile a herniated disc involves the softer interior tissue of the spinal disc bursting out from the tough exterior casing of the disc, a bulging disc refers to a different injury in which the cartilage of the disc simply extends out from its normal position. Bulging disc injuries less often cause the same sort of disabling pain that can accompany a herniated disc injury.Treatment for Herniated or Bulging DiscsTreatment for herniated or bulging disc injuries may include:Surgery, which may involve removing the herniated portion of the disc, or a spinal fusion involving total removal of the herniated discCorticosteroid spinal injectionsMuscle relaxersPhysical therapyPrescription pain relievers and over-the-counter pain medication Disability Benefits for Herniated or Bulging DiscsIf a worker is deemed permanently disabled due to a work-related herniated disc injury, they may be entitled to workers’ compensation benefits that include:Medical expenses, including pain management treatmentPermanent partial disability benefit payments, if you are not totally disabled from workingPermanent total disability benefits, if your herniated disc injury has left you completely unable to workWhat Types of Medical Treatment for Herniated Discs Does Workers’ Compensation Cover?Workers’ compensation can cover treatment for a work-related injury deemed reasonable and necessary to treat the injury or relieve its symptoms. Workers’ comp may cover herniated disc treatments such as physical therapy, surgery, trigger point injection therapy, or prescription medications to help treat pain and other symptoms of the injury.Why Do Insurance Companies Fight or Deny These Claims?Workers’ compensation insurers often deny claims arising from herniated disc injuries and try to avoid paying permanent disability benefits for several reasons, such as:The injured worker failed to submit sufficient medical documentation to support their claim of permanent disability.An independent medical examination concluded that the worker continues to have the functional capacity to work in their job or a modified or limited-duty role.The worker has refused treatment that the insurer concludes will resolve the worker’s symptoms (for example, the worker declines to undergo surgery).Because back pain represents a common occurrence among workers, insurers do everything they can to limit permanent disability benefits.Get Help from a Virginia Beach Workers’ Compensation LawyerIf you’ve suffered a herniated disc in a workplace accident or as a result of an occupational illness, fill out our form or call Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C. today for a free, no-obligation consultation. Learn how a Virginia Beach workers’ compensation lawyer can help you recover the financial benefits you need.

Year: 2021

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