When these procedures go wrong, it can lead to an even more painful experience for the patient than they experienced from the original injury. $250,000 settlement for aggravation of a pre-existing neck injury in a car accident. She needed a 3 level cervical fusion surgery. In some situations, it may be possible to settle a case before litigation, but in other instances, civil litigation may be necessary. Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. you can receive if you need to have or have already undergone spinal fusion surgery; and. This is common because most people on collecting work injury benefits are treated poorly by their employer and its insurance company. What Is the Average Workers Comp Settlement for a Spinal Fusion Surgery? As long as you receive a Workers Compensation Award Letter providing medical benefits for your work injury and you can prove that the proposed spine fusion procedure is reasonable, necessary, and related to that injury. PK Simpson have the skills and experience to make sure you are successful. It will be found that a disabled employee has a post-injury wage earning capacity (PIWEC) and weekly checks get slashed. With how severe injuries to this spine region can be, the spinal fusion surgery used to treat it can be equally devastating. has recommended you undergo a spinal fusion. If you or a loved one has suffered a spinal injury at work or caused by another drivers negligence, and now needs cervical, lumbar, or thoracic fusion surgery, call me for a free consultation: (804) 251-1620 or (757) 810-5614. We encourage you to take the first step forward and discuss your legal situation with us anytime 24/7. Even though PIP insurance can cover the high costs of hospital stays and surgeries, it wont pay for the costs of gasoline and an overnight hotel before and after the spinal fusion surgery. All types of cervical spine injuries can qualify for workers compensation. As one might expect, it is a major surgery. Plano, Texas 75024, Office: (888) 232-9223 The amount paid for a workers comp settlement for a cervical fusion depends upon several factors. On June 3, 2016 . His office address is 30101 Northwestern Highway, Suite 250, Farmington Hills, Michigan, 48334 and his telephone number is (248) 284-7285. If you are aninjured workerreading this article, then one of three things is probably right: 1. The process of filing for workers compensation starts with reporting your injury to your employer. He suffered severe injuries that required cervical fusion surgery to treat and became unemployed. an anterior cervical discectomy and fusion at the C6-7 level and a C6-7 discectomy with disc arthroplasty. Aaron R Winston is the Strategy Director of Express Legal Funding. Are you entitled to financial compensation for your work injury? Aaron R. Winston was featured in a, whether there is someone you can sue to seek financial justice for your injuries and damages, driver only bought a minimum insurance policy. What to Do If You Have a Work Related Shoulder Injury? You will also need to consult other specialists for your workplace insurance company to gain a complete understanding of your whole person impairment. The level of WPI is vital when assessing a workers ongoing entitlement to Workers Compensation. Get to know your legal team. I am ready to help. These injuries may be whiplash injuries involving stretching and tearing of the muscles and ligaments of the neck or back. However, these statistics will only tell you so much, and you might need some extra information. See Recovery After Fusion at More Than One Level Request your free consultation today. What Are the Most Common Types of Personal Injury Cases? I recieved a settlement offer which states a cervical fusion was performed (nothing about the dysectomy). We settled for $25,043.75. 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). FAQ: When is a DUI a Felony or Misdemeanor Charge? Jeff also helped me with getting my Blue Cross bills paid. employee's cervical spine at the -6 levelC5, and we modify the award of permanent . A neck fusion is a surgical procedure that permanently connects two or more vertebrae. . The jury found that there was a violation of the Industrial Code, per Labor Law 241 (6) and Labor Law 200. This deformity occurs when the cervical spine is unstable and begins to bend forward. Our attorneys post regularly about common issues related to workers comp, including common injuries, settlement calculations, laws, and more. We know what to expect at every step of your claim - and what to do to protect your rights. 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. Even though people who have a three- or four-level cervical fusion will be able to perform most daily tasks without being hindered by a reduced cervical range of motion, they will still experience an adjustment period and some tasks may require new methods to manage. In our experience, successful monetary recoveries for simple neck injury may range anywhere from $2500 to $50,000. Some of the information on this site may be deemed ATTORNEY ADVERTISING in some states. Cervical fusion surgeries are very expensive medical treatments, so victims of cervical injury receive adequate compensation for their treatment. Unfortunately, you will still be financially responsible for your daily life even as the cervical fusion claim proceeds. Injuries to the lower cervical vertebrae can also have these effects, though there is generally a greater likelihood of recovery. The fusion involved the placement of a bone graft in the spine where the disc had been and the . In the wake of the incident, he was unable to return to work. The average compensation is calculated based on the medical expenses incurred by these injuries, with some leeway for damages like pain and suffering. Traffic In early 2022, Aaron Winston gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. List of CPAP Machines Made and Recalled by Philips (2023). $6.8 million settlement on the eve of trial for a 37 year old husband and father, who suffered severe exposure to lead during the course of . The sheet states that up to 1/3 of workers compensation lumbar fusion patients report a poor result. 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. A Buffalo man received $100,000.00 for injuries to his low back, which required multiple surgeries. Spinal fusion is a high risk surgery that comes with serious complications, including death. The Law in All 50 States. Suffering a neck injury in a work-related vehicle collision, Suffering a neck injury in a fall or other work-related accident, Being exposed to vibration (like bus or truck drivers) on the job, Work activities that require repeated or prolonged straining of the neck. Back surgery, which is needed in only a small percentage of back pain cases, usually is recommended to be considered only when non-surgical treatments have failed to relieve symptoms and . Additionally, most California personal Injury lawyers work on a contingency basis and only get paid if the client wins. The law is subject to frequent changes and varies from one jurisdiction to another. Aaron's thoroughly researched guides are among the most-read lawsuit funding articles over the past year. These risks and consequences have led to the rise of cervical fusion lawsuits, from medical malpractice cases to personal injury attorney cases. Vocational counselors will also be hired to perform labor market surveys. Settlements depend greatly on the unique circumstances of each case. All cases are different, your age, wage, education, ability to return to gainful employment etc. Individuals who are diagnosed with a cervical neck injury can undergo treatment in the form of physical therapy, prescription medications, injections, and surgery. Youre not alone. The attorneys at Edgar Snyder & Associates have experience handling workers' compensation settlements for neck and spinal fusions, injuries such as cervical radiculopathy and herniated discs, and other work-related back injuries - so if you have questions or think you have a case, give us a call at 412-394-1000. If you can secure compensation, it will help if you are equipped to address the costs of your treatment and hopefully walk away with some funds to rebuild. Each month, thousands of web visitors read his articles and posts. This study is not the only source bringing attention to the risks associated with spinal surgery. The success rate for fusion surgery decreases as more levels are fused together. In many cases, however, injured workers will still need to seek medical, disability, and rehabilitation benefits for effects such as: Many types of accidents and incidents at work can cause cervical spine injuries. The settlements are typically much higher than the common slip and fall case. Average: $462,900. That is because your lumbar and cervical spine are more mobile (have a greater range of motion) than your thoracic spine and, therefore, at greater risk of suffering sudden trauma or degeneration from repetitive stress and movement. At our law firm, we also go a step further and can review any photographs, documents, or other evidence that you may have. You already had spinal fusion surgery and now want to settle your workers comp claim. According to a 2015 study involving workers' compensation cases, the average payout for back injury at work was $23,600. Even if your initial diagnosis is amuscle strain, there is a risk you will be diagnosed with aherniated disc. 5717 Legacy Drive, Suite 250 Take the time and speak with an experienced attorney. If you've suffered a workplace injury, you may wonder how much your workers' compensation claim is worth. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Workers Comp Lawyers Help. Employees, Michigan workers comp lawyer discusses the exclusive remedy provision and explains what conduct is necessary to file a lawsuit for. It is your responsibility as the claimant to ensure the Division of Workers' Compensation and the insurance adjuster have your most current contact information. CERVICAL SPINE FRACTURES Single, healed, with little or moderate anterior compression and without neurological findings o Body = 10% o and/or posterior elementsarch, transverse process (additional) = 5% Two or more vertebrae, each additional = 50% of above Add, for neurological o Quadriplegia = 100% of man Body Part: face, eye Injury: right orbital blowout fracture Amount: $35,000 Claimant sustained a severe facial injury while employed as a teacher when he was struck in the face with a stapler. Postoperative-removal of rupture disc and spinal fusion. But it did not resolve your back or neck pain. We can help you negotiate the Workers Compensation maze and give you the best chance of success. 2. Settlement was reached in Brooklyn just prior to trial. $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. But this does not make them any less severe. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); AuthorJeffrey E. KaufmanMichigan Workers Comp Attorney. Work Rates After Single-level Cervical Fusion for Degenerative Disc Disease Compared With Fusion for Radiculopathy in a Workers' Compensation Setting . If your workers' comp case is settled, the insurer for your employer will pay you a lump sum or pay out a structured settlement that enables you to receive money over time. However, there are several factors that are the same in most cases and we have a free ebook for you about that. Questions about hiring an attorney? The DRE method is used for assessing permanent impairment in respect of the cervical spine region, thoracic spine region and lumbar spine region. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. There is a 25.7% chance of reduced mobility in the left lateral flexion. There are several potential advantages to settling your workers' comp case, including: A settlement removes the uncertainty that comes with a hearingespecially if there's a legitimate dispute about the extent of your injuries. Cervical fusion is a life-changing procedure that, most often, the need for it would result from you suffering an injury in a catastrophe requiring it. 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. On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. Award Total: $1,850,000. How Do You Verify if Your Employer Has Workers Compensation Coverage? The spinal fusion patients were more likely to continue using pain medication. The Dr. If a fusion has been recommended and you are undecided about moving forward or firmly against having the surgery, that is fine. Cervical fusion workers comp settlement question? Taking a law case from start to finish can take a lot of time and hard work that an attorney can handle for you. $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. 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. Medical To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. Settling a workers compensation case is the last step in the recovery process . Work Some of you might be wondering what cervical fusion is, especially since the cases surrounding cervical fusion injuries are not very well-publicized in mainstream news outlets or even medical talk shows. Cervical fusion claims are not well-known. 30101 Northwestern Hwy, Suite 250, Farmington Hills, MI 48334. Yourorthopedic surgeonor neurosurgeon has recommended that you undergo a spinal fusion surgery for your back or neck problems. Aaron R. Winston was featured in asmith.ai interview(2021) and a company growthcase study(2022). The injuries that cause enough damage to warrant this operation are severe and allow you to seek a personal injury claim against the at-fault driver. No attorney-client relationship is formed nor should any such relationship be implied. Florida 's workers compensation laws are sometimes difficult to understand. Public Transport. Click the button below to find out in 60 seconds or less! What Happens if You Cant Return to Work After Neck Injury? If you have suffered a cervical spine injury and are interested in seeking a workers comp settlement, you have every reason to talk to a lawyer. Potentially, yes. Here are a couple of real settlements for cases involving spinal fusion surgery: In December 2015, Chipotle Mexican Grill settled a case for $1.3 million with a customer in Florida who slipped and fell in their store. We also know how an insurance company may try to lessen the amount of your spinal fusion settlement. A spinal fusion can be performed at any level of the spine cervical, thoracic, and lumbar. Insurers take this approach because a discectomy is a much less expensive surgery. A persons age, education, and occupation play critical roles. FAQs When Can You Sue Your Employer for a Work Injury? Lumbar and cervical fusions, however, are more common than thoracic fusions. Now yourtreating physicianhas recommended you undergo a spinal fusion. There are, however, times when a spine fusion surgery is recommended and may be your best option. Factory worker injured their back during heavy lifting. Cervical spondylosis is a degenerative condition that affects many people as they age, but it can also result from "wear and tear" at work. $128,000 workers' compensation settlement won for a delivery boy involved in a motor vehicle accident while on the job. We love answering work comp legal questions. 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. Statistics published by the Workers Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $59,235.42 in 2020. This field is for validation purposes and should be left unchanged. And there is at least one study that found spinal fusion surgery leads to worse long-term outcomes compared to nonsurgical treatment. Read: Workers Comp Settlements for Ankle Injury, Workers Comp Settlements for Brain Injury, Workers Comp Settlements for Bulging Disc, Workers Comp Settlements for Carpal Tunnel, Workers Comp Settlements for Cervical Spine Injury, Workers Comp Settlements for Electrocution Injury, Workers Comp Settlements for Herniated Disc, Workers Comp Settlements for Injuries Requiring Surgery, Workers Comp Settlements for Permanent Partial Disability, Workers Comp Settlements for Secondary Injury, Workers Comp Settlements for Shoulder Injury. 2017-06-0343 ) . Some of these substances came from wire, pipe covering, drywall, and various concrete projects. You have an even stronger argument for refusing to undergo spinal fusion that involves more than one level. But it did not resolve your back or neck pain. When his claim ended in 2021, he was awarded a staggering $4,000,000.00 verdict. One mistake can result in spinal cord injury such as paralysis. Insurance However, an Administrative Law Judge must still approve the settlement. Spinal or neck fusion is equivalent to disc replacement surgery. You are also entitled to other benefits besides those for your surgical procedure for your work injury, including weekly wages and future medical expenses, and physical therapy as part of your Workers Comp claim. This is a condition where the natural inward curve of the neck reverses. The woman was hospitalized for a week. The 21-year-old worker had a torn rotator cuff that required two surgeries. Following are just a few of the results the attorneys at Sakkas, Cahn & Weiss, LLP have obtained for past clients. All rights reserved. We first need to clarify that cervical fusion is not the name of the injury caused to the accident victim but the name of a type of surgery intended to treat spinal neck injuries. 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. Spine published the results of the study in its February 15, 2011 issue. If you do, your lawyer can help you seek the maximum benefits available; and, if you dont, your lawyer can help you understand what other options you may have available. How to negotiate a top-dollar workers compensation settlement for spinal fusion if you are undecided about moving forward with the procedure or have already had it. Do not, however, expect the insurance carrier to agree to pay for this surgery without a fight. Typically, the larger settlement amounts are eventually offered for the more complex injury cases. Save my name, email, and website in this browser for the next time I comment. He has gained, via interviews and case studies, which are a byproduct of his successes. He needed cervical fusion surgery to repair his spine. Some people who undergo surgery develop additional problems at levels below and above the fused portion.
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