Questions about hiring an attorney? Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. , there is a risk you will be diagnosed with a, . Plus, the good thing is lawsuit funding is risk-free, allowing you not to worry about having to repay us if you lose your case. What are the Different Spinal Fusion Techniques Used to Treat Injured Workers and Accident Victims? PK Simpson have the skills and experience to make sure you are successful. You underwent a laminectomy or discectomy for your work injury. Body Part: face, eye Injury: right orbital blowout fracture Amount: $35,000 Claimant sustained a severe facial injury while employed as a teacher when he was struck in the face with a stapler. FAQs: Hiring a Lawyer to Seek a Cervical Spine Injury Workers Comp Settlement, 2023 Work Injury Statistics: Complete Guide to the Latest Data Available. What are Signs that Indicate I May Benefit from Cervical Spine Fusion Surgery? The law is subject to frequent changes and varies from one jurisdiction to another. Settlements depend greatly on the unique circumstances of each case. Average: $462,900. Award Total: $1,275,000. Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. Do not, however, expect the insurance carrier to agree to pay for this surgery without a fight. This allows them to finish medical treatment and vocational rehabilitation on their own terms. While most state laws only allow workers to seek benefits for job-related injuries, there are some exceptions. The maximum WC benefit rate is determined each year on July 1 st and . The insurer will try to convince you that it may win at a workers comp hearing so that you accept a lower settlement amount for your spine fusion case. When another party inflicts the injuries that led you to this surgery, you could pursue a personal injury claim that makes the cost of the medical treatment and the complications you endured part of your settlement. The Law in All 50 States. $175,000 state workers' compensation settlement for a longshoreman who injured his back and left shoulder due to a fall. TDP At a 50% impairment rating, the PPD settlement lump sum payment would be $25,000 ($50,000 x 50%). He specializes in expert content writing for pre-settlement funding and law firm blogs. You can expect from $150,000 to more than $200,000 with spinal fusion cases. Following are just a few of the results the attorneys at Sakkas, Cahn & Weiss, LLP have obtained for past clients. These risks becoming a reality for patients have led to rising medical malpractice cervical fusion cases worldwide. However, an Administrative Law Judge must still approve the settlement. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. 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. Its good to know that even if you do receive a lump sum settlement for permanent impairment for your neck fusion surgery, it doesnt stop you from also receiving your weekly payments for lost wages, medical bills and current and future treatment expenses. Employees, Michigan workers comp lawyer discusses the exclusive remedy provision and explains what conduct is necessary to file a lawsuit for. Spine published the results of the study in its February 15, 2011 issue. 30101 Northwestern Hwy, Suite 250, Farmington Hills, MI 48334. This study is not the only source bringing attention to the risks associated with spinal surgery. This means if you go to court and lose your case, the money is yours to keep. Can You Sue A Workers' Comp Insurance Company? Having an experienced California personal injury attorney on your side can be extremely helpful for your claim. Long story short, no one on here can answer that question because there is no guarantee of a settlement offer in WC. There is a 25.9% chance of reduced mobility in the right lateral flexion. There is a real fear that these much needed benefits will be cut-off suddenly and the person will be unable to support his or her family. Are you entitled to financial compensation for your work injury? But this does not make them any less severe. When the case ended eight years later, in 2005, he received a court-awarded settlement verdict of $550,000.00 in an upfront lump-sum payment for his injuries, pain and suffering, and other types of damages caused by the spinal injury. Depending on where you live, your employer may give you a list of approved doctors, or you may be able to see a doctor of your choosing. If you are suing for a spinal injuries claim or another type of injury case and have hired an attorney on a contingency fee basis, you qualify to apply for pre-settlement funding anytime. Jeff also helped me with getting my Blue Cross bills paid. For example, injuries in the C1 to C4 vertebrae are the [m]ost severe of the spinal cord injury levels. These injuries can potentially lead to total paralysis; and, even when they dont, they can impact a persons ability to breathe, control their bowel movements, and control other bodily functions. 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. In early 2022, Aaron Winston gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. Aaron Winston is recognized as anexpert author and researcheracross multiple SEO industries. Our attorneys post regularly about common issues related to workers comp, including common injuries, settlement calculations, laws, and more. Below is a sampling of verdicts and settlements obtained by our personal injury attorneys. In addition to incurring enormous medical bills, the accident prevented Mr. Keiderling from working, costing him significant wages. There are many important reasons why you should consider speaking with an attorney right away if you or a loved one have been injured. If you or a loved one has suffered a spinal injury at work or caused by another drivers negligence, and now needs cervical, lumbar, or thoracic fusion surgery, call me for a free consultation: (804) 251-1620 or (757) 810-5614. Spinal Fusion is a Major Surgery. Non-fatal injuries to this spine can be excruciating and devastating to your physical health if improperly treated. Do I Need a Lawyer for a Workers Comp Claim? The car accident collision caused two herniated discs in Mr. Keiderlings vertebral column. $440,000 workers compensation settlement for an installer who underwent two knee surgeries, and was able to find a new job despite permanent work restrictions. Types of Cervical Fusion 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 We are contributing members of ARC, The Alliance For Responsible Consumer Legal Funding. If the insurer or TPA (Sedgwick, Gallagher Bassett, ESIS, Landon Companies, etc) know that you will not have the surgery, then they will likely offer you a lower settlement amount for your spinal fusion claim. While the odds of each risk vary depending on what they are and how severe the damage is, they are still worth keeping in mind when the surgery comes up. What To Do After Hurting A Knee At Work: Getting Workers Compensation. There is an 18.3% chance of reduced mobility when rotating left or right. employee's cervical spine at the -6 levelC5, and we modify the award of permanent . However, when the back injury is due to another partys negligence causing us bodily harm, they become, or their insurance company becomes the party responsible for compensating us financially so we can get the treatment we need without worry. 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. an anterior discectomy at C5-6 and a fusion of the two vertebrae at that level. But, you are hesitant to have the surgery and want to negotiate aworkers compensation settlement. Aaron R. Winston was featured in asmith.ai interview(2021) and a company growthcase study(2022). Revisions or second surgeries may attract between an additional 1-2 per cent WPI for each. There are many different spinal fusion techniques. One study found that more than 60 percent of workers comp claims that involved spinal fusion surgery was first reported as cervical or lumbar strain or sprain. 3-level cervical fusion is a major surgery. A Three-Level Cervical Fusion is a major surgery where 3 discs are removed and hardware is placed to stabilize the neck. There is a 39.5% chance of flexion mobility reduction. As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely. Individuals with a neck injury can experience symptoms of pain that radiates down their arm, weakness, and headaches. Visit our Car Accidents page today to learn more about our practice. $150,000 settlement and lifetime surgical hardware coverage for a construction worker who underwent cervical fusion . The parties agreed to settle prior to trial for $1,275,000. 804-251-1620 or 757-810-5614 [emailprotected]. A cervical fusion can consist of: These are only a few of the options for cervical fusion procedures. Replaced three discs. We can help you negotiate the Workers Compensation maze and give you the best chance of success. Here are a couple of real settlements for cases involving spinal fusion surgery: In December 2015, Chipotle Mexican Grill settled a case for $1.3 million with a customer in Florida who slipped and fell in their store. The outcome will determine if you are entitled to receive a lump sum compensation payment for your level of permanent impairment. Now your. Spinal fusion surgery can help prevent further worsening of your ability to function but is less likely to improve it. Ethical and Fast Financial Help. If a fusion has been recommended and you are undecided about moving forward or firmly against having the surgery, that is fine. What are Signs that Indicate I May Benefit from Lumbar Spinal Fusion? $409,000 arbitration trial award for an HVAC worker who underwent cervical fusion surgery, when the respondent denied that his accident caused his cervical herniated disk . I have settled multiple cervical and lumbar fusion cases for more than $250,000.00, including several for more than $325,000.00 and one for more than one million dollars. He initially had a pain management injection before subsequently undergoing a multi-level fusion surgery. The Dr. Find out if you are entitled to compensation. Spinal surgery including neck fusion rates in Workers Compensation populations worldwide are high. Of course, there are always exceptions, but for the most part, you cannot avoid the surgery as it will be your best chance as you have exhausted all other ways to treat the injury. This is common because most people on collecting work injury benefits are treated poorly by their employer and its insurance company. FAQ: Whos Liable if You Hit Roaming Cattle or Livestock?