Repetitive motion work injuries can be a serious detriment to health and a workers’ comp attorney can help. When seeking workers’ compensation settlements for arthritis or degenerative disc disease, it is important to understand that these conditions are compensable regardless of whether the preexisting condition was work-related.
Aug 29, 2012 · I injured my back at work. Had an MRI done 2 months later. MRI does not say anything about degenerative changes in the lumber, just in the thoracic and only in one place, but the workers comp claim has nothing to do with the thoracic. When the insurance adjuster sent off my records for a peer review, it came back saying I have DDD.
Remember that every second counts after a work injury, and putting off a claim or speaking to a lawyer can prevent you from getting the benefits you deserve. Our workers’ compensation attorneys are standing by. Call (844) 243-4823 or contact us via an online chat today.
Jun 23, 2021 · One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case the attention it needs.
The 5 Most Common Workers' Compensation InjuriesStrains (30.06% of workers' compensation claims)Contusions (20.83% of claims)Lacerations (11.79% of claims)Sprains (8.85% of claims)Punctures (5.50% of claims)
between $150,000 and $200,000The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage.Apr 8, 2021
The law states that injuries that are caused by aging are not covered by the workers' compensation system. Since degenerative disc disease is related to aging, this means that most people with this condition are not eligible for workers' compensation benefits.
Osteoarthritis can be caused by or made worse by your job. If your job requires you to do repetition, things such as constant lifting, standing, or using tools, you may have a valid Workers' Compensation claim. You can file an Occupational Disease claim.
Individuals who settle a workers' comp claim do not forfeit their legal rights to SSDI. There will be an offset if combined benefits exceed 80% of a person's average current earrings before disability began.Feb 24, 2022
For lower back injury settlements for sprains and strains, the average settlement is between $10,000 and $50,000. The larger settlements are the result of better lawyering and specific facts which can change the value of your case.Feb 13, 2022
The Veteran's degenerative disc disease is currently rated as 40 percent disabling under Diagnostic Code 5242 (for rating degenerative arthritis of the spine) and the general rating formula for rating diseases and injuries of the spine. 38 C.F.R.
Social Security disability claims based on degenerative disc disease are never easy to get approved. They require expert understanding of the above evaluation process, as well as compelling medical evidence.
For people with degenerative disc disease, working can be rough. Sitting for long periods of time at a desk can aggravate your back, as can heavy manual labor. But just because the work day is rough doesn't mean that it's impossible to work with degenerative disc disease. To do it, you need to think about ergonomics.
A thorough history and physical exam can help determine the cause. In addition, MRIs or other diagnostic tests can prove to be important tools in the evaluation of arthritis and help determine any relationship to a specific work injury. Complete medical records can also help identify a pre-existing injury or condition.
Because of the severity of osteoarthritis the Social Security Administration (SSA) has determined that it is a disability, meaning you may be eligible to receive disability benefits.
Arthritis can lead to disability, as can many other mental and physical health conditions. You have a disability when a condition limits your normal movements, senses, or activities.
Degenerative disc disease is a widespread condition that can lead to serious lower back and neck pain. Almost everyone experiences this medical con...
Certain jobs make a person more susceptible to aggravating a preexisting condition like arthritis or degenerative disc disease. People are more sus...
When seeking workers’ compensation benefits for the aggravation of a preexisting condition like arthritis or degenerative disc disease, it is impor...
Workers’ compensation laws require employers to carry insurance policies that cover employees’ work-related injuries. Workers’ compensation coverag...
Given the time limitations surrounding the filing of a workers’ compensation claim against your employer, it is important to act promptly. Speak to...
The X-Rays should easily show whether you do/do not have DDD. It is not rocket science for a Radiologist to review it and decide with some confidence.
We see this all the time. You need an experienced WC attorney to protect your interests and see to it that you get all of the benefits to which you may be entitled. Good luck.
You should only be concerned with what your doctor says. The hired gun is diagnosing DDD to deny your claim due to a pre-existing condition. If you do not have a worker’s comp. attorney I would get one quickly. Good luck...
This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.
However, if your lawyer can’t answer simple questions about the status of your case, or repeatedly asks you the same questions, it may be a sign of neglect.
Your Lawyer Doesn’t Return Your Calls. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case ...
If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).
If you’re receiving weekly benefit checks while you’re off work , they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI) —meaning that you’ve recovered as much as can be expected.
But an attorney who rushes you into a bad deal may not be looking out for your best interests.
Other times, however, a lawyer may not be giving your case the attention it needs. You could have a real problem if your lawyer is unreachable for weeks at a time or doesn’t respond to fair requests in a reasonable amount of time.
If you fail to tell the medical providers how your injury occurred and that it occurred while you were at work, you could be harming your claim from a legal standpoint. This could prevent you from getting the medical treatment that you need.
Without a doubt the most important step if you are injured on the job is to report the injury to your employer. Many employers have an accident policy in place that is found in an employee manual. If this is the case with your employer, follow the guidelines set out in the manual. If there is no policy, we find that it is most helpful to let everyone know of the injury. This would include your supervisors, co-workers and any human resource people that your employer may have.
The law generally requires written notice of the injury by accident within 30 days. But there are exceptions to this rule. If the employer or an agent or representative of the employer had actual knowledge of the accident, the employer is also deemed to have notice of the injury.
Most employers, at the request of the workers’ compensation insurance company will provide light duty to injured workers. Either the employer or the insurance adjuster may then request or require that the injured worker return to work.
Although the insurance adjuster may be correct in telling you that he or she can tell you where to treat, he or she cannot keep you from having a second opinion. In the State of North Carolina if you are directed to treat with a particular doctor and that doctor releases you after treatment at maximum medical improvement, the law allows you to have a second opinion with a duly qualified licensed doctor of your choosing. It is all too common that injured employees contact our oce and tell us that they were told that they could not have a second opinion.
Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.
A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.
When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.
Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...
Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.
Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.
The good news: Small business owners rarely need to hire lawyers for workers’ comp claims because they rarely end in lawsuits. Usually, the injured employee is simply exercising his or her right to compensation, and the employer’s workers’ comp insurance provider will decide whether the worker is eligible for benefits.
In most states, you may have your case reopened if you can show that your medical condition or disability has changed significantly since you resolved your claim, and the change is due to the original work-related injury or illness. Several states have variations on ...
Depending on the law in your state, you may also request a reopening for other reasons, including when: your employer or the insurance company committed fraud. the workers’ comp judge made a legal or factual mistake, or. both sides made a mistake about the facts of the case.
States have different deadlines for requesting a reopening or a change in your previous workers’ comp award, ranging widely from one to several years. The time limits usually start from the date of your injury or when you last received benefits. In New York, the deadline is generally seven years after the injury and three years after the last benefit payment, but you may request additional workers’ comp benefits from a special fund up to 18 years after your injury and eight years after the last payment (N.Y. Workers’ Comp. Law § 25-a (2018)).
The most common is when your work-related injury or occupational disease has worsened significantly. But the rules and the deadlines are quite different from state to state. What follows are some general guidelines and examples of when, why, and how you can get your case reopened.
In New York, the deadline is generally seven years after the injury and three years after the last benefit payment, but you may request additional workers’ comp benefits from a special fund up to 18 years after your injury and eight years after the last payment (N.Y. Workers’ Comp. Law § 25-a (2018)). A few states, like Arizona, don’t have any ...
Depending on how much time has passed, you could have a hard time convincing a judge that the change in your condition was caused by the original work injury, as opposed to the normal effects of aging or other activities in your life.
However, insurance companies often insist on a “full and final” settlement; this means that, in exchange for a lump-sum payment, you agree to give up (or “waive”) the right to make any future claims arising out of the injury. If you agreed to this kind of settlement (sometimes called a “compromise and release”), ...
Choosing the best Workers' Compensation attorney is an important part of ensuring you get the best medical care for your workplace injury.
Many medical offices won't take on the extra paperwork necessary to get treatments approved and move your case along. Many other medical facilities are in the pocket of the insurance company, and won't put your health first.
If you have a good Workers' Compensation attorney, their job is to take care of those challenges for you. It can be very difficult to find a good doctor within the Workers' Compensation system.
It's illegal to charge you for treating a workplace injury, so you can't just use your regular insurance and see your personal doctor. The restrictions don't stop there. If your case is accepted, you're typically bound by the Workers' Compensation insurance company's MPN (medical provider network).
If you are heading towards a workers’ compensation hearing, it usually means that the insurance company refuses to settle with you for a fair amount. This is a formal hearing that is conducted similarly to a trial, so there will be rules of evidence, legal procedure, and legal precedents argued and followed. You would be at a major disadvantage if you did not have legal representation.
When your doctor declares that you have reached the MMI (maximum medical improvement) – when further treatment isn’t likely to help your injury – they will evaluate your ability to perform normal activities. This is to determine whether you are permanently disabled, and involves a physical exam and tests on your range of motion, balance, and how much you can lift, among other things.
The problem is that in the end, you may find yourself out of pocket because the benefits have decreased too much . The two systems may work on different definitions, resulting in some inconsistency with the numbers.