Workers’ Compensation | Back Surgery

Workers Compensation Attorneys Discuss
Failed Back Surgery Syndrome (FBS) 

Our experienced Long Beach Worker’s Compensation attorneys have helped hundreds of individuals in Southern California 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 have even 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.

In this article, our experienced Long Beach workers compensation attorneys explain collecting workers comp for individuals suffering from Failed Back Surgery Syndrome (FBS or FBSS).

What is Failed Back Surgery Syndrome

Failed Back Surgery Syndrome (FBSS or FBS), refers to a condition where individuals continue to experience persistent or recurring back pain following one or more spinal surgeries. Despite undergoing surgical intervention to alleviate pain or correct spinal abnormalities, some patients may not experience the desired relief or may even develop new symptoms after surgery. FBSS can be challenging to manage and significantly impact an individual’s quality of life, including their ability to work and perform daily activities.

“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.

There are several factors that can contribute to the development of FBSS. These may include incomplete surgical decompression of nerves, inadequate fusion or stabilization of spinal segments, recurrent disc herniation, scar tissue formation around the nerves or surgical site, or pre-existing spinal conditions that were not adequately addressed during surgery. Additionally, complications such as infection, hardware failure, or nerve damage can also contribute to the development of FBSS.

Prognosis for Failed Back Surgery Syndrome

Treatment for FBSS typically focuses on managing symptoms and improving function through a combination of non-surgical and surgical interventions. Non-surgical treatments may include physical therapy, chiropractic care, pain management techniques such as medication, injections, or nerve blocks, acupuncture, and complementary therapies such as massage or acupuncture. In cases where conservative treatments fail to provide relief, revision surgery or spinal cord stimulation may be considered to address underlying issues or provide pain relief.

Despite treatment efforts, FBSS can have a significant impact on an individual’s long-term prognosis, including their ability to work. Chronic pain and disability associated with FBSS may limit mobility, interfere with daily activities, and impair overall quality of life. In some cases, individuals may experience persistent pain or disability that prevents them from returning to work or performing job duties, resulting in long-term disability or loss of employment.

It’s essential for individuals with FBSS to work closely with skilled and specialized healthcare providers to develop a comprehensive treatment plan tailored to their needs and goals, with the aim of improving function, managing symptoms, and enhancing overall quality of life. Additionally, thorough medical records will be required for an individual to be approved for workers comp benefits for FBSS.

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 very 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 employer and their insurer simply want 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 the 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 hobbies, sports or working out.

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. That is why it is important to have an experienced workers compensation attorney if you are denied workers compensation benefits for a back injury.

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 compensation case arising from a work related back injury and/or arising from your Failed Back Surgery Syndrome (FSB). Our skilled and compassionate workers comp lawyers have collected millions of dollars in workers compensation benefits for employees with back injuries, including FSB.

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