Workers’ Compensation for Herniated Disc in NJ

  1. What Is a Herniated Disc?
  2. What Causes a Herniated Disc?
  3. What Are the Symptoms of a Herniated Disc?
  4. Medical Treatment Options for Work-Related Herniated Discs
  5. What Is the Average Settlement for a Herniated Disc at Work?
  6. Should I Handle My Workers’ Comp Claim Myself?
  7. Contact Davis, Saperstein & Salomon, P.C. to Seek Workers’ Compensation for Your Herniated Disc Injury

Doctor showing a herniated disc injuryA herniated disc is one of the most common work-related injuries. But it can cause debilitating pain that makes it challenging or even impossible to work. Herniated disc injuries may develop over a long period of strenuous work or can be caused by physical trauma in a workplace accident. Workers who suffer from this injury usually need medical treatment and rehabilitation – treatment that could be covered by the workers’ compensation systems in New York and New Jersey.

If you suffered a herniated disc injury at work, the legal team at Davis, Saperstein & Salomon, P.C. could fight to ensure you get the workers’ compensation benefits you need to cover your medical care and offset your lost wages. For over 40 years, we have advocated for injured workers throughout New Jersey and New York. We are eager to put the skill, experience, and knowledge we acquired in that time to work on your behalf.

To pursue a workers’ comp settlement for your herniated disc, contact our office today for a free consultation.

What Is a Herniated Disc?

Also known as a slipped or extruded disc, a herniated disc is an injury to the spinal disc between vertebrae. A spinal disc is a spongy, jelly-like tissue surrounded by a harder covering that acts as a buffer between bones.

A herniated disc occurs when the disc covering weakens or tears, allowing the disc’s inner material to protrude outwards. This disc material can place pressure on the nerve bundles that run out from the spinal cord. The pressure then leads to pain and weakness throughout the back and into other body parts, such as the shoulders, arms, buttocks, hips, and legs.

What Causes a Herniated Disc?

There are many occupations that can easily lead to a herniated disc — even ones that do not require heavy labor. A herniated disc typically occurs in one of two ways:

  • Repetitive stress— Many herniated disc injuries happen due to prolonged strenuous physical activity involving repetitive physical motions for long periods, such as regularly lifting heavy objects.
  • Trauma— A herniated disc can also happen due to trauma from a workplace accident. These incidents may include a fall, being hit by falling objects, a crush accident, a motor vehicle or heavy equipment accident, or overexertion while lifting.

What Are the Symptoms of a Herniated Disc?

Common symptoms of a herniated disc injury may include the following:

  • Numbness or tingling in the hands, feet, arms, or legs
  • Weakness in affected arms or legs
  • Burning pain that radiates throughout the back and into the arms, buttocks, thighs, and calves

Medical Treatment Options for Work-Related Herniated Discs

Depending on the severity of the injury, there may be several treatment options for a herniated disc, including the following:

  • Over-the-counter pain relievers for mild to moderate pain
  • Neuropathic drugs
  • Muscle relaxers to help relieve spasms
  • Cortisone injections, if oral medications fail
  • Physical therapy
  • Chiropractic care
  • Surgery, if conservative treatments fail to relieve symptoms

What Is the Average Settlement for a Herniated Disc at Work?

If you have suffered a herniated disc injury on the job, you may be eligible to receive workers’ compensation benefits. But it is difficult to say what the average workers’ comp settlement for a herniated disc is, as every case is different.

The compensation you are eligible for will depend on the severity of your herniated disc injury and how much work you miss while recovering from it. These benefits will likely cover:

  • Medical benefits — Workers’ compensation will cover all “necessary and reasonable medical treatment, prescriptions, and hospitalization services” for your herniated disc. Your employer can choose the provider to treat you, however.
  • A portion of lost wages — If you cannot work for more than seven days due to your injury, you are entitled to receive wage benefits. In most cases, this compensation is equal to 70 percent of your weekly wage, with a maximum and minimum amount allowed. How long you can receive these benefits will depend on your condition. 
  • Permanent disability compensation — In some cases, an injured employee may be entitled to permanent disability benefits. The dollar amount of benefits will depend on the severity of the disability and a variety of other factors, including whether the employee can return to employment.

Generally, an employer with workers’ compensation insurance is shielded from liability in workplace accidents and cannot be sued. However, you may be able to file a personal injury lawsuit against a non-employer third party who may have caused or contributed to your injury.  An experienced workers’ compensation lawyer can help you understand the compensation you can receive for your herniated disc injury.

Should I Handle My Workers’ Comp Claim Myself?

It is in your best interest to hire an experienced attorney who can help you navigate the workers’ compensation system to help you pursue the full amount of compensation you are entitled to. The workers’ compensation system is complicated and bureaucratic. It can help to have someone who knows how to fill out and file the necessary paperwork correctly and on time.

Sometimes, an employer or their insurance company might deny a workers’ compensation claim. In that case, you will want a skilled workers’ comp lawyer on your side to help you appeal and fight for your rights.

If you are owed compensation from a non-employer third party who is liable for your injuries, a lawyer can also help you file a personal injury lawsuit to seek compensation in civil court. Hiring an attorney to handle your workers’ comp claim is a smart move if you want to pursue maximum compensation.

Contact Davis, Saperstein & Salomon, P.C. to Seek Workers’ Compensation for Your Herniated Disc Injury

If you suffered a herniated disc injury on the job, let the workers’ compensation lawyers of Davis, Saperstein & Salomon, P.C. fight for you to help you pursue the full workers’ compensation benefits you deserve. Contact our firm for a free, no-obligation consultation to discuss your legal options.