What is workers comp herniated disc settlement worth depends on several factors. First is the injury conceded or denied. Workers compensation lumbar and cervical disc herniations can be caused by a traumatic or an occupational injury.
In a traumatic injury, a lumbar disc can also become herniated during an acute (sudden) injury. Lifting with the trunk bent forward and twisted can cause a disc herniation. A disc can also herniate from a heavy impact on the spine, such as falling from a ladder and landing in a sitting position.
With an occupational injury or an injury from job duties over time, vigorous, repetitive bending, twisting, and lifting can place abnormal pressure on the shock-absorbing nucleus of the disc. If great enough, this increased pressure can injure the annulus, leading to herniation.
If the disc herniation is conceded, a case should be worth more because the settlement value does not have to be discounted by the chance of losing liability at hearing.
Herniation causes pain from a variety of sources. It can cause mechanical pain. This is pain that comes from the parts of the spine that move during activity, such as the discs and ligaments. Pain from inflammation occurs when the nucleus squeezes through the annulus. The nucleus normally does not come in contact with the body’s blood supply. However, a tear in the annulus puts the nucleus at risk for contacting this blood supply. When the nucleus herniates into the torn annulus, the nucleus and blood supply meet, causing a reaction of the chemicals inside the nucleus. This produces inflammation and pain. A disc herniation may also put pressure against a spinal nerve. Pressure on an irritated or damaged nerve can produce pain that radiates along the nerve. This is called neurogenic pain.
Pain and limited range of motion due to re-injury risk can form the basis of doctor assigned permanent work restrictions. If the restrictions result in a loss of earning capacity or permanent total disability, there are significant unscheduled permanent disability benefits available.
McCormick Law Office in Milwaukee, Wisconsin attorneys get the best results in workers compensation herniated disc settlement cases when the treating physician or surgeon assigns permanent work-related restrictions. We send the permanent restrictions and the client to a vocational specialist who renders an expert opinion on loss of earning capacity or permanent total disability, sometimes referred to as odd-lot disability. The money or dollar value of each case or settlement also depends on the injured worker’s pay rate and their date of injury. Very important to understand that lump sum settlements do not come from winning at hearing, only out of court settlements, and always subject to a restricted account.
