A herniated disc can be incredibly painful and keep you from work for an extended period. If you suffered an injury from lifting, carrying, or falling, the pain you face can have a huge impact on your life. After these accidents, you may need to file for workers’ compensation benefits if you will miss work and require expensive medical treatment to help with your injuries.
For help filing a workers’ compensation case or fighting denials and terminations, contact Ken Kieklak, Attorney at Law today. Ken Kieklak is a Fayetteville workers’ compensation lawyer for herniated disc injuries, and he can help you file to get the workers’ comp. coverage you need for your herniated disc injury or any other workplace back injury. To schedule a free legal consultation on your case, contact our law offices today at (479) 316-0438.
Qualifying for Workers’ Compensation with a Herniated Disc Injury
The soft tissue between the bones of your spinal column is commonly called “discs” (also spelled “disks”). This tissue pads your vertebrae so that they do not rub together or bump against each other. If this tissue becomes swollen or bulges out – “herniates” – it can put pressure on your spinal column and cause motor control problems, numbness, “pins-and-needles” sensations, and pain in your lower extremities.
A herniated disc can also leave you vulnerable to additional injuries. This makes these – and other back and neck injuries – common reasons for time off work. If your job tasks include lifting, carrying, or nearly any other physical activities, you may be unable to go back to work until your injury heals.
Because this injury is common from work tasks and often interferes with your work, it is exactly the kind of injury workers’ compensation is designed to cover. If you suffer a herniated disc at work or while performing work-related activities, you may be able to seek workers’ compensation and qualify to get your medical care and lost wages covered.
Qualifying for workers’ comp. with a back injury is sometimes complicated. Back injuries are quite common in the United States and they tend to appear after years of stress and strain during a single acute incident. When there is a clear fall or lifting injury sustained at work, it is much clearer that your injury is work-related, but your employer may try to fight your case. If they argue that your injury was caused by pre-existing back injuries or conditions you sustained outside of work, you may need a lawyer to fight your case and work to prove your condition is truly work-related and qualifies for coverage.
Workers’ Compensation for Benefits from Herniated Discs
Herniated disc injuries universally require rest and rehabilitation to get you back on your feet. This means that you will typically not be able to return to work for at least a few weeks after sustaining a herniated disc injury. In addition, you will typically undergo medical imaging like X-Rays or MRIs to determine the severity of your injury and may need other medical care as well. Severe cases may even require surgery to repair tissue damage.
These medical costs can be quite expensive, but your workers’ compensation coverage should cover the costs in full. As long as the injury is work-related, workers’ comp. should cover the medical costs in full. Your employer’s workers’ comp. policy may dictate which physician you need to use, but do not let this discourage you; your doctor is still required to give you adequate medical care, and you may be able to get permission to use your own doctor of choice regardless.
While you are out of work, your employer’s workers’ comp. benefits should pay you wage-loss damages. As you are not working, your employer typically does not pay the full amount for your wages, but wages are usually still covered at around 2/3 of your normal weekly wages. This can help support yourself and your family while you are out of work.
If you can return to work with modified job tasks, you may be able to start receiving a full paycheck again. As long as you are still undergoing treatment from your injury, workers’ comp. should continue to cover your medical care.
Fighting Denials and Terminations for Herniated Disc Workers’ Comp. Coverage
If you apply for workers’ comp. with a herniated disc injury and your employer or their insurance company denies your claim, you may need to hire an attorney to fight your case. Ken Kieklak, Attorney at Law can take your case and fight to get the benefits you deserve on your case. In many cases, taking your case to the Arkansas Workers’ Compensation Commission (AWCC) or an administrative law judge (ALJ) can get you a chance to present evidence and get a neutral party to rule in favor of giving you benefits.
If you start receiving benefits then have them terminated or suspended, our lawyer can help reinstate your benefits and get you the continued support you need. The AWCC or an ALJ can also hear termination and suspension cases, potentially ruling in your favor.
In many cases, you may be able to negotiate denials or suspensions and have the funds paid in one lump-sum settlement. Talk to your attorney about this option.
Contact Our Fayetteville Herniated Disc Workers’ Comp. Lawyer for a Free Consultation
If you or a loved one suffered a herniated disc injury in the workplace or suffers from another work-related back or neck injury, contact Ken Kieklak, Attorney at Law today. Our Fayetteville workers’ compensation lawyer for herniated discs may be able to take your case and fight to get you the coverage you need, even if your claim has been denied or suspended. Call us today to schedule a free legal consultation at (479) 316-0438.