Workers Compensation for Failed Back Surgery Syndrome
Workers Compensation Attorneys Discuss
Failed Back Surgery Syndrome –
Our experienced Long Beach Worker’s Compensation attorneys have helped hundreds of individuals in Orange County get the workers compensation they deserve for back injuries. Neck and back injuries are in fact among most common types of workplace injuries that our attorneys see. A back injury can be among the most painful and debilitating injury there is. And yet, in spite of the pain and work limitations imposed by a back injury, they can often be the hardest to “prove” and therefore hardest to collect benefits for.
Failed Back Surgery Syndrome (FBS or FBSS) is a debilitating chronic pain condition that may be diagnosed after multiple surgeries have either failed to alleviate (or made worse) back pain caused by a spinal or cervical medical condition. Failed Back Syndrome (FBS) can result in either chronic back pain, chronic leg pain, or both. Typically, a patient is diagnosed with Failed Back Surgery Syndrome (FSB or FSSB) by a neurologist or spinal surgeon whose has determined that the patient has an irreversible condition which will not be improved through further surgeries.
Workers Compensation & Post-Laminectomy Syndrome
“Failed Back Surgery Syndrome” frequently will occur after a “laminectomy” (removal of the lamina bone in an effort to take pressure off of a protruding disc). If FBSS occurs after a laminectomy, the condition may also be referred to as “Post-Laminectomy Syndrome”.
However, Failed Back Syndrome (FBS) can also occur after almost any type of back or spinal surgery.
Workers Compensation & Failed Back Syndrome
Individuals with back problems are among the most frequently rejected for Workers Compensation benefits, even when their pain may be very severe. In order to receive Workers Compensation Benefits approval for Failed Back Surgery Syndrome there are specific criteria that an individual must meet.
First, as with any Workers Compensation Case, in order to be considered “disabled”, you must be able to prove that the FSB / FSSB is severe enough to keep you from working. Unfortunately, many back pain claims are denied because the Insurer simply wants you to work through the pain. And because pan is “subjective” – and doesn’t show up in a blood test or MRI – many examiners discount the devastating effect it can have on a person’s ability to work or function.
Secondly, in order to collect workers compensation for a back injury, you must prove that the injury directly resulted from the performance of required work-related duties. Often times The Workers Compensation Insurance Company will try to deny your claim by contending that the back injury was not “occupational” (i.e. was not caused by your employment). They may claim that the back injury was the result of heredity, excess weight, or off-work activities, such as sports.
That is why it is important to have an experienced Workers Compensation attorney if you are denied Workers Compensation benefits for a back injury.
When seeking Workers Compensation for Failed Back Surgery Syndrome (FSB), it is necessary to present X-rays, MRIs, doctor’s reports from physical examination, etc. to show that your back pain is caused by a physical abnormality of the spine /back “predominantly caused” by your work related activities. If you have back pain – including FBSS – but cannot document a physical impairment that normally produces pain symptoms like yours, you’re unlikely to win disability benefits. However, an experienced attorney will ensure that your medical documentation is thorough – and presented in the proper format in a timely manner.
Long Beach Workers Compensation Attorneys
Our experienced Long Beach Workers Compensation attorneys are here to help you with all aspects of your California Workers Comp Case arising from your Failed Back Surgery Syndrome (FSB). Our experienced 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.
