Getting Workers' Compensation For a Herniated Disc
A ruptured disk, otherwise known as a herniated disk by medical professionals, can be a very traumatic experience. There are two ways you can get this type of injury: traumatic and occupational. Either way, you will end up in quite a bit of pain that takes time to recover from. Because of that reason alone, you might be eligible for workers' comp if you can prove that the injury is work-related. The burden of proof will be resting on your shoulders during this process, which is a reason you need a good lawyer to help you through it. Let's take a look at how you get a herniated disk and what kind of information you need to get the workers' comp benefits you deserve.
Common Reasons for a Herniated Disk
There are two reasons for a herniated disk, which both can cause you quite a bit of pain in the long run. They are called a traumatic injury and an occupational injury. The traumatic injury usually occurs acutely without warning. This involves lifting a weight that your spine isn't used to by lifting and twisting. You can also have a traumatic injury by a heavy impact on the spine. For example, you might fall off a ladder at work and land in a sitting position. Occupational injuries are more likely to occur at work by taking part in activities your body is used to.
These activities can cause a herniated disk over time, especially if you are repeatedly bending or lifting heavy objects vigorously. If the impact on the disc is great enough, the pressure can lead to a hernia by injuring the annulus. If this occurs and you can prove that the injury is caused at work, you might very well be eligible for workers' comp benefits. You will need to have a medical examination by a doctor to obtain a diagnosis. The burden of proof in this case is on you and your lawyer so it's in your best interests to gather as much information as you possibly can.
Things You Need for a Successful Workers' Comp Case
A herniated disk can be very painful and takes quite a while to heal. Because of that, you might need more money to make it through the recovery period. This is why the insurance company might deny the claim at first glance. The less money they have to spend on workers' comp cases, the better off they feel they are. However, you can come out on the other side with workers' comp benefits if you have the medical proof that the hernia is work-related.
There are certain things you need to make sure you are successful with the case. These things include an official letter from a medical professional that states how you got the injury, accident reports from your place of employment that proves you got the hernia from an accident at work, and images from medical professionals like X-Rays that show the ruptured disk. It would also help to have the medical professional write a letter that states how long you need to recover.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 752-7785 or 800-387-6406 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum.