Workers Compensation Settlement For Neck Injury

Friday, October 29, 2021

Bald man in a gray shirt grasping his head in pain or distress against a black background.

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One of the most common reasons for time off work is neck pain. The effects of these workplace-induced neck injuries range from minor cervical strains and sprains to injuries resulting in cervical radiculopathy and requiring surgical intervention and chronic pain management. 

If you are experiencing different forms of neck injuries caused by repetitive stress and motion tasks at work, this article provides detailed information on how workers' compensation settlement for neck injury works.

How do workplace neck injuries happen?

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Many factors can cause neck injuries in the workplace, including accidents, slips and falls, heavy lifting, falling objects, or gradually established ailments caused by repetitive work and subsequent stress. Employees may recover damages by making a workers' compensation claim in many cases where faulty equipment or carelessness is the cause of a workplace injury. 

Injury can also occur when traveling in a work vehicle, placing drivers at risk of being injured in a truck or car accident. Even if an injury may not show early signs after an accident, it may develop more painful symptoms later and end up debilitating later on. Whether your injury is immediate or gradual, mild or severe, it is advisable to report immediately to your employer.

Common Types Of Neck Injuries You Can Claim

Employees, regardless of their industry and sectors, are exposed to workplace injury every day. For example, workers in construction, manufacturing, transportation, and specific industries where heavy lifting and car accidents are prevalent, are exposed to accidents regularly.

Although many different types of work-related injuries are possible, the most common are:

  • Whiplash- Also known as Cervical Acceleration/Deceleration Syndrome. Whiplash is a type of neck injury caused by forceful and rapid back-and-forth movement of the neck. This type of injury can occur, for example, during rear-end vehicle collisions, and in car accidents. It is a hyperflexion/hyperextension injury that causes the muscles and ligaments in your neck to stretch, resulting in damage. Injuries range from mild to severe. Pain in the neck and shoulders is the predominant symptom.
  • Pinched nerve- When surrounding tissues, such as bones, cartilage, muscles, or tendons, apply too much pressure to a nerve, it is called a pinched nerve. The nerve's function is disrupted, resulting in pain, tingling, numbness, or weakening.
  • Cervical spine fracture and dislocation- A cervical fracture occurs when a bone in the neck (cervical) area of the spine is broken. A cervical dislocation occurs when a ligament in the neck is injured, leading two (or more) adjacent spine bones to become abnormally separated from each other, resulting in instability. A work-related accident can cause a portion of the cervical spine to dislocate, producing damage and instability that may necessitate surgery or, in severe cases, paralysis.
  • Neck strain and neck sprain- When one or more fibers in a neck muscle or tendon stretch too far and rip, it is called a neck strain. The severity of this injury, also known as a pulled muscle, varies depending on the amount and location of the rupture. While most neck strains recover on their own in a few days or weeks, the discomfort can range from mild and achy to acute and debilitating.
  • Herniated disc - Disc herniation is caused by several factors which can affect the joints individually or as a combination. The most prevalent of these factors is wear and tear in the spine. As humans age, the cartilage that connects the discs in the spine to the corresponding vertebrae members can become lax and lose elasticity. Herniated discs can also be caused by sudden impact and trauma from accidents or falls

Therefore, workplace-induced neck pain and discomfort can become more complicated if it affects the cervical spine or if a back injury accompanies it. If you get injured at work, you should get medical attention as soon as possible and make a report to your employer.

When Can Employees Seek Workers' Compensation Settlement For Neck Injury?

Most states require that you complete two fundamental conditions to be qualified for workers' compensation benefits. The conditions are: 

  • You must be an employee.
  • You must have suffered your neck injuries on the job. 

However, both of these rules can include exceptions. In some situations, independent contractors can file for workers' compensation, while some jurisdictions enable employees to seek benefits for injuries sustained off the job. 

Also, many employees are unaware of their eligibility for workers' compensation settlement for neck injury. As a result, it's critical for injured workers to understand the types of injuries that qualify for workers' compensation benefits, how to file a claim, what types of and how much compensation they can expect based on their injury, and how an attorney can help them maximize the compensation they receive.

Steps To Take Immediately After A Workplace Neck Injury

Following a neck injury, you should take the actions below as quickly as possible to protect your chances of receiving compensation; medical care and make the most of any remuneration you receive.

  • Report your injury to your employer and fill out an accident report. 
  • Seek medical attention, and tell your doctor that your injury is work-related.
  • Submit written notice of the injury to your employer.
  • Learn about your rights as an injured worker.
  • Keep a record of all missed days of work as well as all out-of-pocket expenses.
  • Follow all recommended treatment plans.
  • Contacting an expert workers' compensation attorney is also essential. Remember that selecting an attorney may prove to be the most crucial decision you make throughout your claim.

Treatment Of Neck Injuries And Cervical Spine Problems: Surgeries For Neck Injuries

After suffering a work-related neck injury, your diagnosis will determine the medical treatment you receive for your neck injury. Neck injuries are commonly treated using the following methods:

  • Rest
  • Medications 
  • Physical therapy
  • Chiropractic care
  • Acupuncture 
  • Massage 

However, If traditional therapies for neck discomfort have failed, surgery may be the answer you have been looking for. The following are some of the most effective operations for neck injuries: 

1. Deuk Laser Disc Repair

 

What is it: Deuk Laser Disc Repair is a laser spine surgery performed to cure pain or neck pain associated with herniated discs, bulging discs, sciatica, spinal stenosis, pinched nerves, and other conditions that cause chronic pain. Traumatic injuries to the disc can cause annular tears to form. The inflamed annular tear causes back pain or neck pain. Inflammation of the surrounding nerve roots can cause leg or arm pain.

To cure pain with Deuk Laser Disc Repair, a bandaid-sized skin incision is made. A small tube is inserted without damaging the bone or soft tissues. The laser removes the herniation and debrides the annular tear. The annular tear then heals on its own. Watch this video to see how it works. 

A surgeon performing Deuk Laser Disc Repair on a patient.

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If you have a herniated or bulging disc or chronic back or neck pain, submit your MRI for a free review.

Recovery time: Deuk Laser Disc Repair is a minimally invasive procedure with one of the fastest recovery times for a procedure of its type. The precision laser procedure avoids drilling, fusing, or implanting, and patients can walk out of the recovery room within an hour, pain-free. 

The surgical incision is between 4-7 millimeters long and typically heals within days without internal damage or scarring. Most patients report that they can go about their everyday lives and return to work within a week.

Benefits of Deuk laser Disc repair: 

  • Deuk Laser Disc Repair technology allows surgeons to avoid injuring nerves, internal scarring and finally removes the danger of infection.
  • The laser's precision allows doctors to focus just on the affected tissue while performing a minimally invasive surgery, avoiding collateral damage.
  • Patients are left with a 4-millimeter incision. There is no scarring, and the incision can be covered with a band-aid.
  • The procedure has a 95% success rate in eliminating pain, with no complications, and a 0% infection rate.
  • Patients face a short recovery period and can typically walk out of the institute within an hour. Returning to work pain-free is possible within a week.

The only risk associated with this procedure is having a surgeon who is not experienced with this form of laser surgery or who is not invested in the patient. Deuk Laser Disc Repair is a unique procedure that requires an experienced and qualified surgeon to perform it to the highest standard.

Cost: Request a free MRI review for a quote.

Where to get it: Deuk Spine Institute

2. Laminectomy

A Laminectomy is a surgical procedure used to relieve pressure on the nerve roots or spinal cord. It is also a treatment for patients suffering from Spinal Stenosis. Laminectomy is essentially the removal of the lamina or compressive matter in the spine that may be damaging the spinal cord or spinal nerves. The laminae are bony plates on the backside of the vertebrae that cover and protect the spinal cord. Removing the laminae can reduce pressure on the spinal cord and nerves. Laminectomy is considered a relatively invasive medical procedure due to open back surgery and the removal of bone.

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Laminectomy, like any other surgical procedure, carries certain risks. Laminectomies cause intense postoperative pain, and most patients require narcotic medicines for a long time afterward. Back and neck surgery carries the risk of bleeding, blood clotting, and infection. 

Laminectomies are invasive treatments that frequently result in tissue and nerve damage. During surgery, there may be excessive bleeding and the need for a blood transfusion.

At Deuk Spine Institute, we have found a solution to eliminate the need for traditional Laminectomies by using minimally invasive laser surgery, which significantly boosts success rates, eliminates complications, and reduces the time patients spend in recovery.

Benefits of Laminectomy surgery:

  • This surgery releases pressure on the spinal cord and nerves, which can help to reduce or eliminate discomfort in the arms and legs. 
  • Numbness, tingling, prickling sensations, bladder issues, and other symptoms of central spinal stenosis are relieved.
  • This surgical operation also creates room around the spinal cord and nerves; as a result, patients often have more mobility.

Recovery time: Patients can typically leave the hospital 2-4 days after a laminectomy procedure.

The length of a patient's full recovery is determined by their overall health, how the procedure went, and how the recovery is developing. In most cases, total healing takes between two and six months. Some patients will feel a small degree of stiffness for the rest of their lives.

If you need Laminectomy surgery, make sure you contact Deuk Spine Institute to learn if our minimally invasive spine surgery may work for you. To learn more, Contact Us or call 1-800-FIX-MY-BACK

3. Artificial Disc Replacement Surgery

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What is it: Artificial disc replacement surgery is a procedure that removes a damaged or deteriorated disc and replaces it with an artificial disc. This procedure is typically recommended for patients suffering from reoccurring back and neck pain for six months or longer who have exhausted all non-surgical procedures without finding relief.

To perform this procedure, the surgeon will access the hard disc through the abdomen using an anterior approach. With this approach, the surgeon gently moves organs aside to gain access to the spine. With a clear pathway to the disc causing the problems, the surgeon will remove the disc and replace it with an artificial one designed to mimic the motion of a natural disc. 

Artificial disc procedure is often recognized as a more risky type of spine surgery, with several known risks. Risk such as Injury to large blood vessels can cause complications, and in extreme cases, may lead to amputation. The artificial disc may become dislodged between the vertebrae and dislocate. The artificial disc may also become infected or weaken, wear or loosen over time, requiring further procedures.

The fundamental advantage of this type of surgery is that no bones are fused. Therefore patients can expect complete mobility quickly after surgery. As the artificial disc relieves the stress created by the damaged disc, there is minor damage and pressure on surrounding discs, allowing patients to avoid uncomfortable complications in the long run. Because each vertebra has more freedom to move independently, the technique enhances the range of motion.

Recovery time: Patients can expect to stay in hospital for 2-3 days before returning home. They can expect to return to work and regular activities after six weeks, depending on how the procedure went and their recovery.

Cost: $14,000 to $38,000.

Where to get it: Request a free MRI review to see if this procedure is correct for you. 

How Do I Get A Worker’s Compensation Doctor Who Specializes In Neck Injuries?

The rule for getting medical treatment through workers’ compensation for neck injuries varies from state to state. If you do not follow your state's rules, the insurance company may refuse to pay for your treatment. All states allow you to get the nearest available emergency care when needed. Also, your choice of a treating doctor may be limited, depending on where you live and who you work for.

The rules are often complicated, but your freedom to choose generally falls into one of three categories: 

  • You choose a doctor from a list or medical network provided by your employer.
  • You choose any authorized doctor
  • Your employer chooses the treating doctor for you.

What Type Of Workers’ Compensation Doctors Specialize In Neck Injuries?

There are other types of doctors other than orthopedic surgeons that may specialize in treating neck injuries.  Some of these doctors include:

  • Physiatrists
  • Neurologists
  • Pain management specialists

What is the time limit for a neck injury claim?

Workers' compensation is usually available to people who sustain neck injuries at work. It is therefore essential to alert your employer and seek medical assistance as quickly as possible if you suffer a neck injury..

A claim for a neck injury must be filed within a certain amount of time under personal injury law. The length of time you have to make a claim depends entirely on the type of claim you are filing, who you are suing, the state or territory where you are filing, and how long ago the harm occurred. Depending on the circumstances of your injury, you may have entitlements under statutory schemes such as WorkCover or TAC, as well as further entitlement to serious injury compensation under common law. Each of these compensation systems has its own set of deadlines, so if you are unsure how much time you have to file your claim, we recommend seeking competent legal counsel. 

What’s The Average Workers’ Compensation Settlement For Neck Injuries?

Estimating a workers' compensation settlement for neck injury might be challenging in many circumstances. This is because the typical workers' compensation for neck injuries does not indicate what you should expect for your neck injury. After all,  every circumstance is different.

The severity of your injuries, whether or not body parts were affected, the complexity of your medical care, physical therapy medical cost, and other criteria are all issues to consider when settling a neck injury compensation settlement. Therefore, each workers' compensation claim is unique.

However, with a basic understanding of how workers' compensation works, you should be able to estimate the potential amount of your worker's compensation payment for neck injuries.

  • Upper back claims: $34,000
  • Lower back claims: $40,000
  • Multiple body part injury claim (back was injured in conjunction with other body parts, such as head, leg, or neck): $64,000
  • The claim caused by car accident: $74,000
  • The claim caused by a slip, fall, or strain: $40,000

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How Deuk Spine Institute Can Help

At Deuk Spine Institute, we accept patients with any insurance, including worker’s compensation, personal injury, auto accidents, and those with no insurance or minimal coverage. Your insurance provider may not pay for some services provided by the Deuk Spine Institute. Still, we are willing to help steer you in the right direction towards effective, affordable treatment.

We pride ourselves on offering workers' compensation back treatment and neck treatment that gets you back on your feet. We treat workers' compensation patients for spine conditions like bulging discs, pinched nerves, and herniated discs. Better yet, we treat those issues in the most minimally invasive way possible. We also offer non-surgical traditional procedures for neck injuries and accidents. For patients who do not need surgical operations, we offer the very best interventional pain management. 

Deuk Spine Institute’s team of neuro spine surgeons, interventional pain management specialists, neurologists, and other healthcare professionals work together to ensure that physical therapy treatment plans are as beneficial as possible. 

If you suffered a neck injury at work, or if you suspect that your neck injury is work-related, contact us at Deuk Spine Institute for a free MRI consultation review.
Ready to get started? Call 1-877-751-DEUK (3385) to speak to one of our workers' compensation representatives.

An elderly person experiencing back pain, gripping their lower back with both hands illustrating that the patient can benefit from Deuk Spine Institute’s state-of-the-art treatment Deuk Laser Disc Repair, which promises quick relief from pain.

Cure your back and neck pain once and for all

Deuk Laser Disc Repair has patients back on their feet within an hour, feeling zero pain. Submit your MRI for a free review with the team at Deuk Spine Institute.