He placed in the top 5% of those who took the SEO skills test assessment. Its not surprising. Each month, thousands of web visitors read his articles and posts. But this action is rarely, if ever, taken by employers and insurers when an injured worker refuses to have spinal fusion surgery. If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits. For example, the Cleveland Clinic notes that, [straining] your neck often for your job, like looking overhead (for example, painters) or downward (plumbers or flooring installers) for many hours every day or keeping your head at an improper position for long periods of time (for example, staring at a computer screen that is too high or low), can cause cervical spondylosis. We first need to clarify that cervical fusion is not the name of the injury caused to the accident victim but the name of a type of surgery intended to treat spinal neck injuries. $3 MILLION - Settlement (New York Labor Law Section 240) - A male construction worker, age 42, fell off a ladder and injured his spine in Manhattan, New York. Even in rare cases where three or four levels of the lower cervical spine are fused, less than 25% of the neck's overall mobility would be lost and this would not affect a person's ability to perform most daily tasks. Even activities of daily living can be much harder when someone has problems turning their neck or lifting items. His "it factor" is that he is a tireless and inventive thought leader who has made great strides by conveying his legal knowledge and diverse expertise to the public. Workers' Compensation for a total disability is equivalent to two-thirds of the injured employee's average weekly wage up to a maximum benefit amount. I would absolutely recommend him and the whole firm. At a 50% impairment rating, the PPD settlement lump sum payment would be $25,000 ($50,000 x 50%). The average payout for workers' compensation cases, in general, was found to be $21,800. A spinal fusion personal injury lawsuit average settlement should range from a lump sum payout of $250,000 on the low end to over $5,000,000 on the higher end of the spectrum. Cervical fusion surgeries are very expensive medical treatments, so victims of cervical injury receive adequate compensation for their treatment. For example, suppose your treating doctor gave you a 50% permanent disability rating (a measurement of the extent of . There are many different spinal fusion techniques. For over 38 years, PK Simpson have been helping the people of Australia get the compensation they are entitled to. Jeff also helped me with getting my Blue Cross bills paid. I waa injured two years ago at work and the result was a acdf with fusion. . Average Settlements Spinal Fusion Injury Case Worth Compensation Complications include deep vein thrombosis (DVT), pulmonary embolism, nerve injuries, infection, and difficulty with bone grafts or instruments used in the procedure. Our law firm has represented injured and disabled workers exclusively for more than 35 years. 3-level cervical fusion settlement workers' compensation amount factors Timelines, deadlines, and limitations are also very important in legal claims. She suffered an L1 compression fracture, a left hip fracture, a fibula fracture, a foot wound, and a ruptured bladder. Re: C6-7 Fusion and What Settlement Offers Should I Expect. We strive to see you gain more than just an average Workers Compensation settlement to help you on your long road to recovery. you can receive if you need to have or have already undergone spinal fusion surgery; and. If you do, your lawyer can help you seek the maximum benefits available; and, if you dont, your lawyer can help you understand what other options you may have available. Average Settlement for Spinal Fusion | Compensation Payouts At that same intersection, a woman in an SUV was rear-ended by another man named Thomas Cline. Settlements in 2-level cervical fusion surgery are as high as 2-3 million dollars. SC Workers' Compensation Awards and Settlements | Joye Law Firm The total cost of her medical was $100,915.07. Weakness and reduced use of one or both arms, Intermittent, but severe, episodes of arm pain that interfere with your ability to work or perform activities of daily living, Impaired ability to control your voluntary muscles, Loss of control of involuntary functions such as bowel and bladder control or sexual function, Anterior Cervical Discectomy and Fusion (ACDF), Posterior Cervical Decompression and Fusion, Anterior Cervical Corpectomy (part of the vertebral body is removed) and Fusion, Transforaminal Lumbar Interbody Fusion (TLIF). Workers' Comp Settlements For Neck Injuries | Neck Injury Settlement Case Results - Katz, Leidman, Freund & Herman Work Top attorney Jimmy Hanaie provides a free consultation about 3-level cervical fusion settlement workers compensation claims. When more discs are injured and hurt in an accident, there will be the need for more invasive surgery that attempts to stabilize more discs at once. Our services are very affordable for you because we usually only get paid when our client wins. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. We settled for $68,619.14. The average settlement amount for a neck or back injury in Michigan is $462,900, and the median amount is $320,000. New York City Spinal Fusion Lawyer | NYC Spinal Fusion Attorney FAQs How Can You Get Free Legal Advice for a Work Injury? Using this method, DREs are differentiated according to clinical findings that can be verified by standard medical procedures. When Can You Seek a Cervical Spine Injury Workers Comp Settlement? The effect of multilevel anterior cervical fusion on neck motion. They can have trouble working for long periods of time, turning their neck, and lifting items. But, the compensation awarded in cervical fusion is not standardized; thus, the amount varies from case to case. 2 Level Cervical Fusion Settlement Amounts - Baker Street Legal Funding The average nationally for cervical fusion settlements ranges from as low as $150,000 to a much higher average of over a million dollars. Recent Examples of Workers' Compensation Awards & Settlements Based on this study, workers' compensation back injury settlement . Common defenses to claims for spinal fusion surgery include: It is possible to overcome each of these defenses by preparing your case from the beginning as though the necessity and reasonableness of the spinal fusion surgery will be disputed by the insurance company. Many of my clients reach that decision after talking with their treating physician, seeing another orthopedic surgeon for a second opinion, and discussing the surgery with me and their family. The fusion involved the placement of a bone graft in the spine where the disc had been and the . However, such surgery with residual symptoms can attract a further WPI of between 2-3 per cent. Settlements of around $150,000.00 for cervical fusion affecting, Settlements of approximately $250,000.00 for cervical fusion with issues on, Settlements of roughly $275,000.00 or higher for cervical fusion with issues on. When you click the button you will be redirected to LawsuitInfoCenter.com. Workers Compensation for Neck Injuries | Edgar Snyder Motor In exchange for. Can You Sue A Workers' Comp Insurance Company? You underwent a laminectomy or discectomy for your work injury. Our attorneys post regularly about common issues related to workers comp, including common injuries, settlement calculations, laws, and more. Assessing WPI For Spinal Injury Claim | Garling & Co Lawyers Settlements depend greatly on the unique circumstances of each case. Find out now with a free claim assessment. The number of vertebrae requiring surgical attention will affect the case settlement. The damages from a spinal cord injury can compromise your ability to move and live life as you once knew it. Acervical fusion is a highly delicate surgical procedure designed to treat the portion of your spine that reaches your neck. These rules require that your surgeon notify the workers' compensation insurer of a proposed lumbar fusion surgery at least seven days before surgery, except in cases of emergency. What Happens if You Cant Return to Work After Neck Injury? Prior results do not guarantee a similar outcome for your claim. However, as always, if you do not have an attorney, we recommend contacting a personal injury lawyer for a free consultation. Disclaimer: This information is for general informational purposes only and should not be relied upon as legal advice without consulting with licensed attorney. You can speak to us anytime even if you think that you do not have a good case, without insurance, or already have a lawyer. In addition to incurring enormous medical bills, the accident prevented Mr. Keiderling from working, costing him significant wages. In our experience, successful monetary recoveries for simple neck injury may range anywhere from $2500 to $50,000. What are Signs that Indicate I May Benefit from Lumbar Spinal Fusion? $6.8 million settlement on the eve of trial for a 37 year old husband and father, who suffered severe exposure to lead during the course of . Spinal fusion is a high risk surgery that comes with serious complications, including death. It is your responsibility as the claimant to ensure the Division of Workers' Compensation and the insurance adjuster have your most current contact information. You may be entitled to a cervical spine injury workers comp settlement if your are unable to work as a result of your injury. The average compensation is calculated based on the medical expenses incurred by these injuries, with some leeway for damages like pain and suffering. Vocational counselors will also be hired to perform labor market surveys. However, there are several factors that are the same in most cases and we have a free ebook for you about that. The cervical fusion was necessary to repair the herniation damage. However, they primarily provide insight into your injuries severity and whether the potential for an injury lawsuit exists, which brings us to the question that likely led you here today. What is the Settlement Value in Cervical Fusion Cases? You already had spinal fusion surgery and now want to settle your workers comp claim. Individuals who are diagnosed with a cervical neck injury can undergo treatment in the form of physical therapy, prescription medications, injections, and surgery. Verdicts & Settlements | Frischhertz & Impastato | New Orleans Jury Awards $7,000,000 in Cervical Fusion Case - Judge Denies $537,000 Settlement: After being rear-ended, a utility worker suffered neck damage. We settled for $25,043.75. She spent an additional week at a rehabilitation facility. The Average Spinal Fusion Settlement to the Number of Vertebrae Rates Are: Cervical Fusion Settlement Amounts and Court Verdicts, Example #2: Jose Marel Cardona v. Thomas Edwin Cline, During the Cervical Fusion Personal Injury Claim, Aaron's company slogans and lawsuit funding company name are registered trademarks of the United States Patent and Trademark Office. CERVICAL SPINE FRACTURES Single, healed, with little or moderate anterior compression and without neurological findings o Body = 10% o and/or posterior elementsarch, transverse process (additional) = 5% Two or more vertebrae, each additional = 50% of above Add, for neurological o Quadriplegia = 100% of man This deformity occurs when the cervical spine is unstable and begins to bend forward. Because spinal fusion surgery is so expensive and so risky, most insurance carriers will deny your claim for authorization and payment of the fusion and try to find some defense to your workers comp claim, even if they have paid for everything else without hesitation. The general rule is that a multilevel lumbar fusion, one-level neck fusion, and one-level thoracic fusion are worth more than a single-level lumbar fusion settlement. Valuing an L5-S1 Fusion for Workers Comp Settlement Purposes Get a free claim assessment from a local attorney. Cervical fusion injuries can be devastating and almost impossible to recover from fully. Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. These injuries may be whiplash injuries involving stretching and tearing of the muscles and ligaments of the neck or back. Given the risky nature of the procedure and the laws in some states, the chance of filing a medical malpractice claim successfully for the harm caused by having an unsuccessful cervical fusion surgery is low. Knowing these risks could make all the difference when your doctor recommends cervical fusion. All cases are different, your age, wage, education, ability to return to gainful employment etc. Average Settlement Value of Spinal Fusion Back Surgery - Oasis Financial As long as you receive a Workers Compensation Award Letter providing medical benefits for your work injury and you can prove that the proposed spine fusion procedure is reasonable, necessary, and related to that injury. You can get a free claim assessment, and your lawyer can tell you if you have a claim to pursue. Settlements of around $150,000.00 for cervical fusion affecting a single vertebra. Our Michigan workers comp lawyers have been called the best in the state, and our clients love how theyre treated with care, respect, and responsiveness. Many of our clients have permanent work restrictions and require lifetime medical checkups. The average work comp settlement for spinal fusion is not a one-size-fits-all equation. Over the past twenty years there has been an increase in the use of spinal instrumentation systems that use hardware such as pedicle screws, plates, rods, wires, hooks, and cages of different materials. All types of cervical spine injuries can qualify for workers compensation. Call us now or Email! There is also a risk that your on-the-job injury will result in post-traumatic arthritis, oraggravate, accelerate, worsen, or flare any degenerative disc disease or osteoarthritisyou have. On October 1st, 2015, a 44-year-old man namedJose Cardona was a passenger in the front seat driving along a highway in Kissimmee, Florida. Some of the information on this site may be deemed ATTORNEY ADVERTISING in some states. However, electing to undergo this surgery does not guarantee proper recovery, and the surgery can cause severe side effects worse than the initial injury. Minor Cervical Spine Neck Injury Settlement Amounts. $540K in Settlements Reached in Two Workers' Compensation Matters PK Simpson have the skills and experience to make sure you are successful. This field is for validation purposes and should be left unchanged. Were here for you. Based on the information provided: Lumbar DRE Category IV (as a result of fusion) = range 20%-23% WPI. You have an even stronger argument for refusing to undergo spinal fusion that involves more than one level. Can I Still Receive Workers Compensation Benefits or a Settlement if I Refuse to Have a Spinal Fusion? Mr. Keiderling was not the only victim to earn a significant settlement for cervical fusion injuries. Your surgeon may recommend fusion if your spinal range of motion is disrupted, either from trauma at work, a car accident, a slip and fall, a fall from a height such as a roof or ladder resulting in a fractured vertebrae (both burst fractures and vertebral compression fractures), a herniated disc that causes cauda equina compression syndrome, or worsening degenerative changes (spinal stenosis, spondylosis, lordosis, spondylolisthesis, scoliosis, etc. Email: [emailprotected]. Should I settle My Connecticut Workers Compensation Case? The injuries necessitated a prolonged course of medical treatment and he was required to undergo multiple spinal surgeries including a two-level spinal fusion. It is an attractive option for disabled employees who want to move on with their lives. New Jersey Worker's Comp Case Results - Workers Comp - LIVINGSTON As Strategy Director of Express Legal Funding, Aaron has devoted thousands of hours to advocating for the consumer. Medical who has obtained results for more than 1,000 injured employees across the state, call me for a free consultation: (804) 251-1620 or (757) 810-5614. . If a fusion has been recommended and you are undecided about moving forward or firmly against having the surgery, that is fine. 2 Ohio Bureau of Workers' Compensation, Columbus, OH. In the wake of the incident, he was unable to return to work. But this does not make them any less severe. There are more. There is a 25.9% chance of reduced mobility in the right lateral flexion. However, there remains no guarantee that the settlements for future patients will be within the same rates. I examine the following factors when calculating the settlement value of a spinal fusion claim under workers comp: These factors are a good starting point for calculating a fair settlement amount for a work-related spinal fusion. What Medical Treatment is Available if I Decide Not to Get a Cervical or Lumbar Fusion, or if I Continue to Have Pain after the Spine Fusion? To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on ourtestimonials pagefrom clientswe have helped. Under the Workers Compensation Act and the Rules of the Workers Compensation Commission, your employer and its insurance company can stop your workers comp benefits if you unreasonably refuse medical treatment. If so, you may be entitled to claim a Workers' Comp settlement for a lump sum in NSW for whole person impairment for a permanent injury. He had a herniated disk surgery. The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. Cervical fusion workers comp settlement question? - Avvo 4 level cervical fusion settlement workers' compensation Cervical fusion claims are not well-known. $250,000 settlement for aggravation of a pre-existing neck injury in a car accident. If you smoke, the insurer may argue that it should not have to pay for the spinal fusion until you quit smoking or cut down on the number of cigarettes you have each day because smokers are found to have a lower surgical success rate. You may decide that spinal fusion surgery is too risky for you, no matter the amount of pain you have. 3. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. One mistake can result in spinal cord injury such as paralysis. A spinal fusion is a surgical procedure where your surgeon unites two or more spinal vertebrae so that motion no longer occurs between them and they heal into a single bone. We are contributing members of ARC, The Alliance For Responsible Consumer Legal Funding. 5717 Legacy Drive, Suite 250 We make it easy for you to access more of the legal funding facts you deserve. The Minnesota Department of Labor and Industry has published a fact sheet detailing the concerns associated with lumbar fusion surgery. A Buffalo man received $100,000.00 for injuries to his low back, which required multiple surgeries. Even though people who have a three- or four-level cervical fusion will be able to perform most daily tasks without being hindered by a reduced cervical range of motion, they will still experience an adjustment period and some tasks may require new methods to manage. Permanent Partial Disability: How to Qualify for a Fair Settlement Insurers take this approach because a discectomy is a much less expensive surgery. Does Workers Compensation Pay for Cervical, Thoracic, or Lumbar Spinal Fusion Surgery? If you are aninjured workerreading this article, then one of three things is probably right: 1. Spine published the results of the study in its February 15, 2011 issue. Fortunately, there are a few existing examples of cervical fusion settlements that corroborate this information. The law is subject to frequent changes and varies from one jurisdiction to another. Aaron keeps an academic approach to business that improves the consumer's well-being. $128,000 workers' compensation settlement won for a delivery boy involved in a motor vehicle accident while on the job. Ethical and Fast Financial Help. Roger Joiner ) Docket No. Now yourtreating physicianhas recommended you undergo a spinal fusion. This is the case even if the cervical fusion is completely successful and completely relieves all radiculopathy. The more levels fused in the surgery, the higher the settlement average. The study found that 11 percent of the lumbar fusion patients had permanent disability, compared to 2 percent of patients who treated without surgery. If your workers' comp case is settled, the insurer for your employer will pay you a lump sum or pay out a structured settlement that enables you to receive money over time. So, a workers compensation injury that requires a cervical fusion surgery should result in at least a Category IV rating of 25 to 28 percent to the body as a whole. This assessment involves an independent medical examiner deciding on your percentage of Whole Person Impairment (WPI). But it did not resolve your back or neck pain. There is a 25.7% chance of reduced mobility in the left lateral flexion. 2012. This area is called the cervical region, and unlike the lower back (lumbar fusion), its at the top-most area of your spine and is responsible for supporting your head on your neck. Many of my clients, including truck drivers, nurses, warehouse workers for large companies such as Amazon, Target, and Walmart, construction workers, delivery drivers for companies such as UPS and FedEx, flight attendants for airlines such as United Airlines and American Airlines, mechanics, utility linemen, and police officers, have improved after a lumbar or cervical fusion. On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. While most state laws only allow workers to seek benefits for job-related injuries, there are some exceptions. Public Transport. Each of the provided lawsuit examples has led to substantial and fair settlements to account for the surgerys cost and damages, like lost wages. Your email address will not be published. So, a workers compensation injury that requires a cervical fusion surgery should result in at least a Category IV rating of 25 to 28 percent to the body as a whole. injuryag.com/auto-injuries/cervical-fusion-settlements-and-verdicts/, Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/103.0.5060.114 Safari/537.36. That is because (1) fusion surgery is expensive and insurers would rather not have to pay for it and (2) fusion surgery comes with substantial risk and there may be a significant chance that it wont help your pain or mobility. On June 3, 2016 . It is also important to note that litigating a claim of this nature will not absolve you of other financial responsibilities this means you might need some financial support. Lumbar fusions are the most common type of fusion performed each year, followed closely by cervical fusions. If you've suffered a workplace injury, you may wonder how much your workers' compensation claim is worth. He was lifting something at work and pushing hand . Cervical fusion workers comp settlement question? , there is a risk you will be diagnosed with a, . A Three-Level Cervical Fusion is a major surgery where 3 discs are removed and hardware is placed to stabilize the neck. This is because a spinal fusion is a serious permanent procedure that is often life-changing and results in chronic pain. Revision surgery on the cervical spine and other areas including the lumbar region are also high, while the numbers able to return to work are low (1). Cervical spine injuries can be painful and debilitating. The Law in All 50 States. degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. This is typically based upon biased medical reports from so called independent doctors. The case value tends to go up significantly when pursuing a claim when cervical fusion is required to recover. This is a more difficult argument for the insurer to make if it is the reason for the delay. Fax: (956) 707-0522 She needed a 3 level cervical fusion surgery. i injured my neck and shoulder at work.had shoulder injections and a 1 level cervical fusion.im a hvac service tech and installer.i herniated 3 disc in my neck but only one was fused.my dr said i could possibly have to address the other 2 down the road.should that possibility of future surgery be considered in the settlement?what is the normal . 3 New Hampshire NeuroSpine Institute, Bedford, NH. Typically, spinal fusion cases with large insurance policy limits have resulted in settlements ranging between $150,000.00 to $1,000,000.00 for the injuries and complications incurred.