A workers’ compensation settlement, also known as workers’ comp, is a type of agreement established when an injury occurs on the job. Any employer with more than one employee is required to have workers’ compensation insurance to cover these incidents. When the injured party submits a claim, a settlement amount must be agreed upon. Each amount depends on the nature of the case, and no two are identical. In this post, we will discuss a specific workers’ compensation settlement for a herniated disc.
If you believe you are entitled to a workers’ compensation settlement for a herniated disc, you need legal counsel. The attorneys of DYS Law Offices are here to assist you. We want to ensure that you receive fair compensation for your injuries. We will answer your questions regarding herniated discs and what to expect from a workers’ compensation settlement.
What is A Herniated Disc?
A herniated disc refers to an injury that affects the vertebrae in the spine. It occurs when a portion of the disc’s nucleus (jelly-like center) is pushed into its more rigid exterior. This exterior is referred to as the annulus. A tear in the annulus can result in the nucleus escaping into the spinal canal.
Wherever the herniation occurs, the disc can irritate the nerves encircling the spine. This can subsequently result in numbness or tingling, weakness, or pain. Frequently, the pain is a sharp, burning sensation that can intensify with sudden movement. Sneezes, coughs and specific body movements can all exacerbate the pain.
It is possible to have no sensation of a herniated disc. On occasion, they are not discovered until a physician identifies them on a spinal image. Disc herniation is frequently the result of a sudden and traumatic force or impact. Common causes include automobile collisions, slips and falls, a blow to the back, and construction accidents.
How Much of A Settlement To Expect For A Herniated Disc?
As previously stated, no two workers’ compensation claims are alike. This is particularly true for workers’ compensation settlements involving herniated discs. The Occupational Safety and Health Administration does estimate what the typical settlement for a herniated disc might look like. According to OSHA, the average workers’ compensation settlement for a herniated disc in the state of California ranges from $40,000 to $80,000. In numerous instances, however, this number can be significantly higher.
As with the majority of workers’ compensation cases, the settlement amount is determined by a handful of key factors. These consist of:
- The severity of the pain and injury.
- Unreimbursed medical expenses.
- Additional treatment needs and expenses.
- Whether the victim had any pre-existing injuries or conditions.
- The impairment caused by the injury.
- Whether the injury causes permanent disability.
- The attorney’s capacity for negotiation.
If you acquired a herniated disc while on the job, you have the right to a fair amount of workers’ compensation benefits. Let the experienced attorneys of DYS Law make sure you get what you’re entitled to. Our attorneys will speak with insurance companies on your behalf to ensure you are getting the highest amount for your injury. Call (310) 473-2355 for a free consultation.