He specializes in expert content writing for pre-settlement funding and law firm blogs. 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. 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. you have. Watch out for insurance companies who make lowball settlement offers. His office address is 30101 Northwestern Highway, Suite 250, Farmington Hills, Michigan, 48334 and his telephone number is (248) 284-7285. The most common fusion procedures for the cervical spine are: The most common fusion procedures for the lumbar spine are: The most common fusion procedures for the thoracic spine are: Make sure you discuss the specifics of each of these spinal fusion procedures once you know what type is recommended. Required fields are marked *. When healthcare professionals occasionally recommend cervical fusion, it is usually a last resort as the surgeon sees no other way to repair the damage. Surgery complications also play a role since a cervical fusion can impact your range of motion and make it challenging to perform ordinary physical tasks. 3 level cervical fusion settlement workers' compensation. As "The Legal Funding Expert," Aaron has more than ten years of experience in the consumer finance industry. Vocational counselors will also be hired to perform labor market surveys. 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? Michigan lawyer explains how a disabled employee can sue an insurance company for workers comp benefits. You underwent a laminectomy or discectomy for your work injury. But, you are hesitant to have the surgery and want to negotiate a, 2. She needed a 3 level cervical fusion surgery. One surgery that is becoming more common for the back and neck injury types and is seeing increased coverage is cervical fusion injuries. Aaron Winston is recognized as anexpert author and researcheracross multiple SEO industries. What are Signs that Indicate I May Benefit from Lumbar Spinal Fusion? That is because your lumbar and cervical spine are more mobile (have a greater range of motion) than your thoracic spine and, therefore, at greater risk of suffering sudden trauma or degeneration from repetitive stress and movement. It will be found that a disabled employee has a post-injury wage earning capacity (PIWEC) and weekly checks get slashed. Insurers take this approach because a discectomy is a much less expensive surgery. From what I have seen, the number of complex fusion procedures performed has increased over the past five years. However, there are several factors that are the same in most cases and we have a free ebook for you about that. What Is the Average Workers Comp Settlement for a Spinal Fusion Surgery? Your claim is lodged with the Personal Injury Commission of NSW, which was previously known as the Workers Compensation Commission. Top attorney Jimmy Hanaie provides a free consultation about 3-level cervical fusion settlement workers compensation claims. A cervical fusion may also be suggested to straighten the spine or to control a deformity of the cervical spine such as a cervical kyphosis. 2. They are the only bones in your neck; and, as such, they are both extremely important and exceptionally prone to damage from both trauma and repetitive stress. 4 Wu XD, Wang XW, Yuan W, et al. Award Total: $1,850,000. Your email address will not be published. If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits. When you undergo cervical fusion surgery, you are rolling the dice on suffering complications that could impact your quality of life. What To Do After Hurting A Knee At Work: Getting Workers Compensation. If you are aninjured workerreading this article, then one of three things is probably right: 1. This sum includes both settlements and awards given at trial. Motor However, there remains no guarantee that the settlements for future patients will be within the same rates. With Insurance: $200-$2,000 up to Out-Of-Pocket Maximum. In my opinion insurers raise this argument because the younger you are when you have the spinal fusion, the greater the likelihood that you will need a revision fusion or an extension of the fusion to other levels as you age. Yes. The sheet states that up to 1/3 of workers compensation lumbar fusion patients report a poor result. Aaron R. Winston was featured in a, whether there is someone you can sue to seek financial justice for your injuries and damages, driver only bought a minimum insurance policy. 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. However, an Administrative Law Judge must still approve the settlement. Your surgeon may recommend lumbar spinal fusion surgery if you have positive findings on objective testing and one or more of the following: Last year surgeons performed more than one million spine surgeries, with more than 300,000 of those being spine fusions. Timelines, deadlines, and limitations are also very important in legal claims. is helpful, many doctors will advise against fusion. Unfortunately, you will still be financially responsible for your daily life even as the cervical fusion claim proceeds. We are contributing members of ARC, The Alliance For Responsible Consumer Legal Funding. 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. Email: [emailprotected]. At our law firm, we also go a step further and can review any photographs, documents, or other evidence that you may have. $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 . Aggressive attorneys are usually friendly and caring individuals who take the time to speak to you about all the facts of your case. Youre not alone. The average settlement amount for a neck or back injury in Michigan is $462,900, and the median amount is $320,000. What Happens if You Cant Return to Work After Neck Injury? Even activities of daily living can be much harder when someone has problems turning their neck or lifting items. One example of a cervical fusion claim involved a New Jersey man caught in a car accident. Do I Need a Lawyer for a Workers Comp Claim? . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Disabled employees want to know about workers comp settlement for a cervical fusion in Michigan and how to protect their legal rights. If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits. Fusions are done either on the anterior (our surgeon will approach your spine from the lower abdomen for a lumbar fusion or front of the neck for a cervical fusion), posterior (your surgeon will approach from the back), or both sides of the spine (lateral approach). All types of cervical spine injuries can qualify for workers compensation. 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. The car accident collision caused two herniated discs in Mr. Keiderlings vertebral column. 2012. Is It Time to Speak with a Work-Related Injury Lawyer? You will also need to consult other specialists for your workplace insurance company to gain a complete understanding of your whole person impairment. There are, however, times when a spine fusion surgery is recommended and may be your best option. If you have sustained a cervical spine injury (or neck injury) at work you may need neck fusion surgery for nerve root impingement, a herniated disc etc. $1.3 Million Verdict for 3 Level Cervical Spinal Fusion (Slip and Fall) Not actual restaurant where she fell. These findings are objective and reported by a medical practitioner on examination. FAQs: Hiring a Lawyer to Seek a Cervical Spine Injury Workers Comp Settlement, 2023 Work Injury Statistics: Complete Guide to the Latest Data Available. Although unfortunately, sometimes, the other driver only bought a minimum insurance policy limit, so you could be left with a limited amount of recovery. A persons age, education, and occupation play critical roles. This is a more difficult argument for the insurer to make if it is the reason for the delay. 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. Are you entitled to financial compensation for your work injury? This allows them to finish medical treatment and vocational rehabilitation on their own terms. We are at our insurance companys mercy to avoid going bankrupt to pay for the medical bills during this recovery process. But some have not. 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. Medical Helping Injured Workers Get Top-Dollar Settlements for Their Spinal Fusion Claims, fall from a height such as a roof or ladder, doctor you chose from the workers comp panel, pre-injury average weekly wage is the basis for many types of workers comp benefits, used private health insurance to pay for it, compensable consequence under workers comp, experiencing depression or anxiety because of the work injury, PTSD because of the underlying workplace accident, required to resign voluntarily as part of your workers comp settlement, settlement includes a cash buyout of medical benefits, Medicares interests in your workers comp settlement through a Workers Compensation Medicare Set Aside Arrangement (WCMSA), seeing another orthopedic surgeon for a second opinion, Rules of the Workers Compensation Commission, employer and its insurance company can stop your workers comp benefits, third party administrator (TPA) managing your claim, request vocational rehabilitation services to try to help you find a new job if you are unable to return to your pre-injury job, HITECH Act A Way to Get Medical Records in Your Disability, Workers Comp, or Personal Injury Case, My Employer Wants Me to Use Sick & Vacation Leave for a Work Injury, What evidence you need to win your claim for authorization and payment of a spinal fusion if the. Like the 2-level surgery, the 3-level surgery involves the removal of multiple discs during surgery and the placement of hardware. 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. And repeat surgeries occurred due to the fusion not taking.. $150,000 settlement and lifetime surgical hardware coverage for a construction worker who underwent cervical fusion . Award Total: $1,275,000. Not to mention, the chance of dying or becoming paralyzed from spinal fusion surgery is not unheard of. Spinal fusion is a high risk surgery that comes with serious complications, including death. The more severe the back or neck injury, the more expensive and complex the treatment will likely be. Generally, a personal injury claim settlement is not set in stone. 2017-06-0343 ) . 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 . For over 38 years, PK Simpson have been helping the people of Australia get the compensation they are entitled to. Slip And Fall $262,000. Treatment for cervical spinal cord injuries can leave patients with mountains of medical bills; and, if your injury puts you out of work, you could fall behind on your other bills as well. $175,000 state workers' compensation settlement for a longshoreman who injured his back and left shoulder due to a fall. You also have justification for refusing spinal fusion surgery if you underwent a discectomy for the injury before, with no improvement or recurrent pain and loss of function. 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. In fact, our number one goal is to help our clients get the best possible settlement for their case. Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. It is also important to protect entitlement to other government benefits like Medicare when a settlement is contemplated. All cases are different, your age, wage, education, ability to return to gainful employment etc. Postoperative-removal of rupture disc and spinal fusion. 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. However, these are among the more severe that can leave you physically devastated. |, https://bmchealthservres.biomedcentral.com/articles/10.1186/s12913-021-06900-8, 5 Common Types of Back & Neck Injuries At Work, Average Workers Comp Knee Injury Settlements and Benefits. Non-fatal injuries to this spine can be excruciating and devastating to your physical health if improperly treated. Despite cervical fusion being a standard option for most healthy adults, significant risk is involved. The case value tends to go up significantly when pursuing a claim when cervical fusion is required to recover. an anterior cervical discectomy and fusion at the C6-7 level and a C6-7 discectomy with disc arthroplasty. Unity Electric, LLC An electrician who worked at demolition and renovation sites was exposed to harmful substances during his long career. The woman was hospitalized for a week. At a 50% impairment rating, the PPD settlement lump sum payment would be $25,000 ($50,000 x 50%). The severity of your injury and its effects will determine the amount of benefits you can recover. Does Spinal Fusion Surgery Provide a Better Outcome for Workers Comp Patients? "Workers Comp" allows a worker injured on the job to treat with doctors until the doctor decides that the injured worker has received all the care they need to return them to the workforce. Can You Sue Workers' Comp For Harassment? Without Insurance: Spinal Fusion $80,000-$150,000. You want to choose an attorney that you connect well with and that has the skills you require. A neck fusion is a surgical procedure that permanently connects two or more vertebrae. Find out now with a free claim assessment. 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. As the Shepherd Center explains, [b]eing closer to the brain and affecting a larger portion of the body, cervical spinal cord injuries are typically the most severe variety of spinal cord injury. The specific effects of a cervical spine injury depend on which specific vertebrae, discs, or nerves are impacted. Mr. Keiderling was not the only victim to earn a significant settlement for cervical fusion injuries. If you can secure compensation, it will help if you are equipped to address the costs of your treatment and hopefully walk away with some funds to rebuild. But it did not resolve your back or neck pain. . In this post, we will explain important information about personal injury law and what initial steps to take. Side Effects Risks of Spinal Fusion Surgery: What is the Average Settlement of a Cervical Fusion Surgery Case? Disclaimer: This information is for general informational purposes only and should not be relied upon as legal advice without consulting with licensed attorney. Far fewer thoracic fusions are performed, though the number is still more than 20,000 per year. The average compensation is calculated based on the medical expenses incurred by these injuries, with some leeway for damages like pain and suffering. new york post sports editor; the 1931 report from this commission helped to institute; shooting in riverview, fl today; . Individuals who are diagnosed with a cervical neck injury can undergo treatment in the form of physical therapy, prescription medications, injections, and surgery. We also know how an insurance company may try to lessen the amount of your spinal fusion settlement. Back surgery, which is needed in only a small percentage of back pain cases, usually is recommended to be considered only when non-surgical treatments have failed to relieve symptoms and . , there is a risk you will be diagnosed with a, . Aaron's thoroughly researched guides are among the most-read lawsuit funding articles over the past year. We can even come and meet with you at your office or home if you prefer we come to you. 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. She spent an additional week at a rehabilitation facility. Metal plates, screws, and rods may be used to hold the vertebrae together, so they can heal into one solid unit. Your IP address is listed in our blacklist and blocked from completing this request. Some people who undergo surgery develop additional problems at levels below and above the fused portion. Were here for you. I recieved a settlement offer which states a cervical fusion was performed (nothing about the dysectomy). Request your free consultation today. It is made up of the C1 to C7 vertebrae, which run from the back of the skull to the top of the shoulders. SSDI or SSI) and other forms of compensation (i.e. The Minnesota Department of Labor and Industry has published a fact sheet detailing the concerns associated with lumbar fusion surgery. When these procedures go wrong, it can lead to an even more painful experience for the patient than they experienced from the original injury. For example, do not be surprised if the insurance claim adjuster suddenly disagrees with the doctor you chose from the workers comp panel and have been treating with for years, and sends you to an IME doctor to try to find a way not to have to pay for the fusion. 3-level cervical fusion is a major surgery. Another accident, such as a fall in the shower or an auto crash, is the reason you need a spinal fusion, not the work injury. Average: $462,900. The spinal fusion technique and procedure your surgeon chooses depends on the level of the spine being operated on and the location of the nerve root impingement. Mr. Cardona was a passenger in a small sport utility car along the highway and reached an intersection. In the wake of the incident, he was unable to return to work. He needed cervical fusion surgery to repair his spine. 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. The medical specialist who assesses your impairment will determine your level of impairment using the two methods of evaluation: the DRE (Diagnosis Related Estimate) method and the ROM (Range of Motion) method. Do You Need Free Workers Comp Legal Advice? Additionally, most California personal Injury lawyers work on a contingency basis and only get paid if the client wins. This amounted to $165,000 in 5 lump sum settlements. Injured on the job? Are you entitled to financial compensation for your work injury? Michigan law allows people to trade medical and wage loss benefits for a lump sum cash payment. Aaron R Winston is the Strategy Director of Express Legal Funding. That is where we have come in to help our clients by advancing them with legal funding in exchange for a portion of their potential case proceeds. Being injured can leave you with many questions about liability, premises liability, insurance policy limits, medical treatment bills, and more. In addition to incurring enormous medical bills, the accident prevented Mr. Keiderling from working, costing him significant wages. Lumbar and cervical fusions, however, are more common than thoracic fusions. Questions about hiring an attorney? There are several potential advantages to settling your workers' comp case, including: A settlement removes the uncertainty that comes with a hearingespecially if there's a legitimate dispute about the extent of your injuries. The number of vertebrae requiring surgical attention will affect the case settlement. He was also awarded an addition $50,000.00 that was placed in an annuity to pay for the college funds of Mr. Keiderlings children. Now your. Median: $320,000. ADL - 1% WPI for the effect of the injury on ADL = 21% WPI.