Long Beach Attorneys Discuss
Workers Compensation for a Bulging Disc–
Our Long Beach Worker’s Compensation attorneys have helped hundreds of individuals in Orange County obtain workers compensation for herniated and bulging discs. In fact, neck and back injuries are in fact among most common types of workplace injuries that our workers comp attorneys handle.
Unfortunately, a bulging disc is a very common work-related injury. And although a bulging disc often causes severe pain and even disability, many people with back pain are unaware that they even have a bulging disc.
In this article our Long Beach workers comp attorneys explain what a bulging disc is, and when you may be eligible to collect workers compensation for it.
What Is a Bulging Disc
A bulging disc – also called a herniated disk – occurs when one of the discs in your vertebrae pops out when a weak spot in the spine or neck develops. Initially there may be no pain or other symptoms until the bulging disc eventually presses on the surrounding tissues and nerves. Although 90% of bulging discs occur in the spine, they can occur in the neck as well.
A bulging or herniated is a condition where the soft, gel-like center of a spinal disc protrudes or bulges outwards through a tear or weakness in the outer layer of the disc. Spinal discs are rubbery cushions located between the vertebrae of the spine, acting as shock absorbers and providing flexibility to the spine.
How Do I Know if I have a Bulging Disc?
When a disc bulges or herniates, it can put pressure on nearby nerves or the spinal cord, leading to symptoms such as pain, numbness, tingling, or weakness in the affected area. In addition symptoms may include muscle spasms and pressure on the sciatic nerve. You may also notice loss of bowel or bladder control.
To determine if you have a bulging disc, a doctor will have to perform a physical examination and order diagnostic tests such as X-rays, MRI, or CT scans. These imaging tests can help visualize the structure of the spine and identify any abnormalities, including bulging or herniated discs.
Is a Bulging Disc Permanent?
While a bulging disc can cause significant discomfort and interfere with daily activities – including your ability to work – it is not always permanent. In many cases, conservative treatments such as rest, physical therapy, anti-inflammatory medications, and epidural steroid injections can help alleviate symptoms and promote healing of the disc. In more severe cases or if conservative treatments fail to provide relief, surgical options such as discectomy or spinal fusion may be recommended to remove or repair the damaged disc and stabilize the spine.
Overall, the prognosis for a bulging disc depends on various factors such as the severity of the injury, the location of the disc, and the effectiveness of treatment. With proper diagnosis and appropriate management, many individuals with bulging discs can experience improvement in their symptoms and return to normal activities over time. However, many employees – especially those who work performing physical tasks or labor – may never be able to return to work.
Work Related Causes of Herniated & Bulging Discs
A work related bulging disc is often caused by either bending or lifting improperly. A disc may herniate suddenly from a single incident, such as lifting a heavy object. But a disc may also “bulge” over time, as the result of repeated lifting or bending.
Bulging discs can occur in various workplaces and professions, often as a result of repetitive movements, heavy lifting, or prolonged periods of sitting or standing. Some of the most common work-related causes of bulging discs include jobs that involve manual labor, physical exertion, or awkward postures. For example, individuals working in construction, manufacturing, or warehouse settings may be at increased risk due to the frequent lifting of heavy objects, bending, twisting, and carrying out tasks that place strain on the spine.
Additionally, occupations that require prolonged periods of sitting or driving, such as office workers, truck drivers, and professional drivers, may also experience bulging discs due to the pressure and compression placed on the spine from prolonged sitting. Poor ergonomics, such as improper workstation setup or incorrect lifting techniques, can further contribute to the development of bulging discs in these professions.
Furthermore, healthcare workers, including nurses, caregivers, and hospital staff, may be susceptible to bulging discs due to the physical demands of patient care, including lifting and transferring patients, as well as frequent bending and twisting movements. Overall, individuals in physically demanding professions or those who perform repetitive tasks are at higher risk of developing bulging discs, highlighting the importance of proper ergonomic practices, workplace safety measures, and injury prevention strategies in various occupational settings.
Denial of Workers Comp for Herniated & Bulging Discs
In spite of the pain and work limitations imposed by a herniated disc, they can often be one of the hardest to workers compensation cases to “prove”. While x-rays and other tests can clearly show that you have a bulging (herniated) disc, the insurance company may still try to deny your claim.
First, the workers comp insurer may contend that the injury to your back was not caused by or at your employment. They may claim that it is the result of other activities such as lifting things at home, or engaging in sports, weightlifting or other activities. In some instances the insurance company may deny your workers compensation by saying that the herniated disc was a “pre-existing condition” from previous employment at another place of work.
Secondly, your claim may be denied because the insurer believes that you are still able to work. As with any workers compensation Case – in order to be considered “disabled” you must be able to prove that the bulging disc is severe enough to keep you from working. Unfortunately, many bulging disc claims are denied, because the insurance company simply expects you to be able to work through the pain. And because pain is “subjective” – and therefore doesn’t show up in a blood test or MRI – many examiners may disregard the debilitating effect the back pain can have on a person’s ability to work or function.
Can I Collect Workers Comp for a Herniated Disc?
In California, you are only entitled to collect workers’ compensation benefits for a herniated disc if the injury occurred in the course and scope of your employment. Workers’ compensation benefits are available to employees who sustain work-related injuries or illnesses, including herniated discs, regardless of fault.
To be eligible for workers’ compensation benefits for a herniated disc, you must demonstrate that the injury arose out of and occurred in the course of your employment. This typically means that the injury occurred while you were performing work-related duties or activities within the scope of your employment. Additionally, you must report the injury to your employer promptly and seek medical treatment from an authorized healthcare provider.
Once your workers’ compensation claim is filed, it will be evaluated by your employer’s workers’ compensation insurance carrier. If your claim is approved, you may be entitled to benefits such as medical treatment, temporary disability benefits for lost wages during recovery, permanent disability benefits if the injury results in a permanent impairment, and vocational rehabilitation services if you are unable to return to your previous job.
However, employers and their insurance companies frequently try to deny workers comp claims for back injuries, such as bulging discs. That is why it’s essential to consult with an experienced workers’ compensation attorney to navigate the claims process and ensure that your rights are protected. A workers comp attorney can help you gather the necessary evidence, navigate any disputes or denials, and advocate on your behalf to secure the benefits you deserve for your herniated disc injury.
Getting Workers Comp for a Bulging or Herniated Disc
Individuals with back problems – including bulging discs – are among the most frequently rejected for workers compensation benefits, even when the pain may be very severe. In order to receive workers compensation benefits for a bulging disc there are specific criteria that an individual must meet.
When seeking workers compensation for bulging disc, it is necessary to present X-rays, MRIs, doctor’s reports from physical examination, etc. to “prove” that your medical condition is “predominantly caused” by your work related activities. If you have back pain – including from a bulging disc – but cannot document a physical impairment that normally produces pain symptoms like yours, you’re unlikely to collect workers compensation benefits.
That is why it is important to consult with an experienced workers compensation attorney, if you have been denied workers comp benefits for a bulging disc. The workers comp attorneys at Cantrell Green have handled hundreds of cases for back injuries, including bulging discs, and understand exactly what documentation should be submitted to optimize your chances of being awarded workers comp benefits for your back pain and injury.
Workers Comp Attorneys | Back Injury | Bulging Disc
Our experienced Long Beach workers compensation attorneys are here to help you with all aspects of your California workers compensation case for a herniated or bulging disc. Our skilled and compassionate workers comp lawyers have collected millions of dollars in workers compensation benefits for employees with back injuries, including herniated and bulging discs.
If you have injured your back at work, our attorneys would be happy to discuss your unique situation with you, to ensure that you receive the maximum workers compensation benefits for which you may qualify.
Long Beach Workers Compensation Attorneys: 562-622-4800
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