- July 25, 2021
Herniated disc injuries can be a common complaint in some workplaces. According to North Carolina law, every employer with three or more employees must have workers’ compensation. It includes businesses operating as sole proprietorships, partnerships, limited liability companies, and corporations.
However, certain employees get exempted from workers’ compensation coverage in North Carolina. These are employees working on certain railroads, casual employees, and domestic employees employed directly by households. The exemption also covers non-seasonal farm laborers, sellers of agricultural produce compensated through commissions or other means. If you think you should have workers’ compensation, get in touch with a North Carolina workers’ comp attorney.
What Is a Herniated Disc?
A herniated disc, otherwise known as a ruptured disc, can be pretty traumatic. A herniated disc injury occurs along your spine along the vertebrae. It occurs when the jellylike center, known as the nucleus, gets pushed into the annulus. The annulus is the more rigid exterior.
When a tear occurs in the more rigid exterior, it can cause it to slip forward and get into the spinal canal. The movement into the spinal canal causes the disc to irritate the nerves surrounding the spine. Often, there is a tingling, pain, numbness, or weakness along the spine. Sometimes the pain is sharp, with a burning sensation that intensifies with sudden movement. Also, coughing, sneezing, or repositioning the body can increase the pain.
Causes of a Herniated Disc
Sometimes a herniated disc may not be felt or noticed until a doctor identifies it from a spinal image. Other times the pain and soreness of the spinal area is an indication.
Although a herniated disc injury can result from sudden and traumatic impact or force, other factors include slips and falls, blows to the lower back, and car accidents.
Additive trauma can also lead to a herniated disc. For example, you lift heavy objects over a long period of prolonged and recurrent body twisting movements. A herniated disc can either be an occupational injury or a traumatic injury. It is a traumatic injury if it occurs suddenly, especially when you’re doing something your spine is unused to doing. For example, you lift a weight that your spine is unaccustomed to, twisting, falling off a height, etc.
Occupational injuries occur at work while you’re carrying out activities your body is unaccustomed to. If that happens, and you can prove that your herniated disc was an occupational injury, you may be eligible for a North Carolina workers’ compensation claim.
How Much Can You Expect for a Herniated Disc?
No two injuries are the same; thus, your workers’ comp settlement on your injury type. According to the National Center for Biotechnology Information (NCBI), nearly 80% of the population will suffer herniated disc injury in their lifetime. In addition, it costs about $100 billion annually in disability contributions. You need to have a Charlotte workers’ comp attorney who will ensure that you’re protected if you suffer herniated disc while at work.
Workers comp settlement for a herniated disc covers the following :
- Disability benefits, whether permanent or temporal
- Cost of ongoing medical care and treatment
- Medical bills and other expenses
- Lost wages.
Also, if death occurs due to a herniated disc injury, the employer covers the funeral costs. The family of the deceased also receives death benefits.
Workers comp settlement for a herniated disc differs from case to case. However, some factors determine the amount you can get for a herniated disc. They include:
- The severity of the injury
- The kind of impairment or disability resulting from the injury
- Whether the disability is permanent or temporal
- The pain and suffering experienced
- Existence of pre-existing medical conditions and injuries
- Medical expenses that didn’t get reimbursed
- Your North Carolina workers’ comp attorney’s ability to negotiate for you
What You Need for a Successful Workers’ Comp Claims
A herniated disc can be very traumatic, and the recovery period can get extended. Consequently, you will not only need money for medical treatment; you also need finances for the extended recovery period. Most workers’ comp insurance carriers will want to spend the least possible amount in settlement. They might deny your claims initially, thereby creating a need for an experienced Charlotte workers’ comp attorney.
Here are the things you are to do to get the workers’ comp settlement that you deserve.
- Get a medical report that states the cause of your injury
- You need an accident report from your workplace indicating that your injury got sustained while at work.
- A letter from your medical personnel stating your expected recovery period
Get Help From a Work Comp Attorney in Charlotte!
A Charlotte work comp lawyer understands how traumatic a herniated disc injury is and will work to get you all your benefits. Contact us today for a free case review.
