The law is subject to frequent changes and varies from one jurisdiction to another. Please call Customer Service at 303-318-8700 or 1-888-390-7936 or email [email protected] if you need to update your contact information. FAQs: Hiring a Lawyer to Seek a Cervical Spine Injury Workers Comp Settlement, 2023 Work Injury Statistics: Complete Guide to the Latest Data Available. The need for the fusion is related to degenerative disc changes that would have happened anyway, regardless of the work-related injury. $775,000 Settlement: A young man was hit by a driver who made an illegal U-turn and ignored the right of way. Can I Still Receive Workers Compensation Benefits or a Settlement if I Refuse to Have a Spinal Fusion? Plano, Texas 75024, Office: (888) 232-9223 reading this article, then one of three things is probably right: or neurosurgeon has recommended that you undergo a spinal fusion surgery for your back or neck problems. If conservative treatment (epidural steroid injections, chiropractic care, physical therapy, etc.) However, there remains no guarantee that the settlements for future patients will be within the same rates. has recommended you undergo a spinal fusion. Common defenses to claims for spinal fusion surgery include: It is possible to overcome each of these defenses by preparing your case from the beginning as though the necessity and reasonableness of the spinal fusion surgery will be disputed by the insurance company. In early 2022, Aaron Winston gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. A workers' comp settlement for neck fusion can make life easier. 25 Questions to Ask Your Workers Comp Lawyer. $128,000 workers' compensation settlement won for a delivery boy involved in a motor vehicle accident while on the job. I waa injured two years ago at work and the result was a acdf with fusion. Your email address will not be published. These rules require that your surgeon notify the workers' compensation insurer of a proposed lumbar fusion surgery at least seven days before surgery, except in cases of emergency. The spinal fusion patients were more likely to continue using pain medication. A Three-Level Cervical Fusion is a major surgery where 3 discs are removed and hardware is placed to stabilize the neck. At our law firm, we also go a step further and can review any photographs, documents, or other evidence that you may have. The offer is for $32,750. A spinal fusion is a surgical procedure where your surgeon unites two or more spinal vertebrae so that motion no longer occurs between them and they heal into a single bone. Settlements of approximately $250,000.00 for cervical fusion with issues on two vertebrae levels. He was also awarded an addition $50,000.00 that was placed in an annuity to pay for the college funds of Mr. Keiderlings children. Cervical fusion surgeries are common for vertebral surgeons, often neurosurgeons, to correct damage to the cervical spine region. Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. When you undergo cervical fusion surgery, you are rolling the dice on suffering complications that could impact your quality of life. Your doctor may recommend cervical fusion if you both a positive myleogram, CT, or MRI (meaning it shows a herniated nucleus pulposus or spinal cord impingement caused by central disc displacement or something else) and one or more of the following neurologic signs: Neck pain alone, without other neurologic signs, is usually not a sufficient basis to undergo a cervical spine fusion. 3 level cervical fusion settlement workers' compensation. I recieved a settlement offer which states a cervical fusion was performed (nothing about the dysectomy). Our Michigan workers comp lawyers have been called the best in the state, and our clients love how theyre treated with care, respect, and responsiveness. On the other hand, if the neck injury or back injury requires a surgical . All cases are different, your age, wage, education, ability to return to gainful employment etc. In exchange for. There isnt a specified average workers comp settlement for a cervical fusion in Michigan. 3. How Do You Verify if Your Employer Has Workers Compensation Coverage? So if you are interested in learning more and a free legal funding case review to learn more about whether this type of litigation finance is the right choice for you, give us a quick call. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. This study is not the only source bringing attention to the risks associated with spinal surgery. With this in mind, it is important that you speak with a lawyer about seeking a cervical spine injury workers comp settlement. In my experience, the average workers compensation settlement amount for a neck injury that contributes to (worsens, flares up, aggravates, exacerbates, etc.) Surgery complications also play a role since a cervical fusion can impact your range of motion and make it challenging to perform ordinary physical tasks. . CERVICAL SPINE FRACTURES Single, healed, with little or moderate anterior compression and without neurological findings o Body = 10% o and/or posterior elementsarch, transverse process (additional) = 5% Two or more vertebrae, each additional = 50% of above Add, for neurological o Quadriplegia = 100% of man There is a 25.9% chance of reduced mobility in the right lateral flexion. ADL - 1% WPI for the effect of the injury on ADL = 21% WPI. That is because (1) fusion surgery is expensive and insurers would rather not have to pay for it and (2) fusion surgery comes with substantial risk and there may be a significant chance that it wont help your pain or mobility. Applying for Social Security disability benefits (SSDI) is usually the next step. (RTW) status and compare RTW status after multi- versus single-level cervical fusion for patients with work-related injury. At Frischhertz & Impastato, we are proud of our record of results on behalf of clients who have suffered injuries. Call us now or Email! $1.3 Million Verdict for 3 Level Cervical Spinal Fusion (Slip and Fall) Not actual restaurant where she fell. $145,000 Wage differential settlement, Surgery to Dominant Arm Ulnar Nerve Transposition, 34 year old female custodian, Woodstock, Illinois. . When you click the button you will be redirected to LawsuitInfoCenter.com. But some have not. Some of these substances came from wire, pipe covering, drywall, and various concrete projects. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? Neck or any cervical fusion surgery with no leftover or lingering symptoms may attract an additional whole person impairment of between 1-3 per cent. This amounted to $165,000 in 5 lump sum settlements. She spent an additional week at a rehabilitation facility. There is a real fear that these much needed benefits will be cut-off suddenly and the person will be unable to support his or her family. the procedure is performed in a hospital and takes several hours.. . Even in rare cases where three or four levels of the lower cervical spine are fused, less than 25% of the neck's overall mobility would be lost and this would not affect a person's ability to perform most daily tasks. 2 Ohio Bureau of Workers' Compensation, Columbus, OH. What is a decent settlement amount for a level three acdf with fusion? She suffered an L1 compression fracture, a left hip fracture, a fibula fracture, a foot wound, and a ruptured bladder. Contesting In some situations, it may be possible to settle a case before litigation, but in other instances, civil litigation may be necessary. You have an even stronger argument for refusing to undergo spinal fusion that involves more than one level. Fusions are done either on the anterior (our surgeon will approach your spine from the lower abdomen for a lumbar fusion or front of the neck for a cervical fusion), posterior (your surgeon will approach from the back), or both sides of the spine (lateral approach). But do not tell the insurance company of the third party administrator (TPA) managing your claim. This is a condition where the natural inward curve of the neck reverses. If a disabled employee has always done heavy labor, the transition to a sedentary job can be almost impossible. Settlements of around $150,000.00 for cervical fusion affecting a single vertebra. The success rate for fusion surgery decreases as more levels are fused together. A neck fusion is a surgical procedure that permanently connects two or more vertebrae. The attorneys at Edgar Snyder & Associates have experience handling workers' compensation settlements for neck and spinal fusions, injuries such as cervical radiculopathy and herniated discs, and other work-related back injuries - so if you have questions or think you have a case, give us a call at 412-394-1000. Personal To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on ourtestimonials pagefrom clientswe have helped. The severity of your injury and its effects will determine the amount of benefits you can recover. 12 MUST KNOW Facts about Filing for Workers Comp, Workers Compensation for Exposure to Viruses, Harmful Substances, and Dangerous Environments, Seeking Workers Compensation for a Concussion. 2. However, these statistics will only tell you so much, and you might need some extra information. According to a 2015 study involving workers' compensation cases, the average payout for back injury at work was $23,600. Not only do you have the costs of the surgery itself, but you must add in the cost of medical care before and afterwards. Some of you might be wondering what cervical fusion is, especially since the cases surrounding cervical fusion injuries are not very well-publicized in mainstream news outlets or even medical talk shows. The amount paid for a workers comp settlement for a cervical fusion depends upon several factors. What Are the Most Common Types of Personal Injury Cases? A cervical fusion can consist of: These are only a few of the options for cervical fusion procedures. He experienced trigger thumb and required ulnar nerve release surgery and shoulder arthroscopy. The plaintiff, Allison Judkins, slipped and fell due to a puddle from a roof leak. Cervical spondylosis is a degenerative condition that affects many people as they age, but it can also result from wear and tear at work. You can reach us any time, any day at 860-523-8783. Spinal or neck fusion is equivalent to disc replacement surgery. Anterior Cervical Discectomy with Fusion (ACDF) surgery is a surgery that combines both a spinal fusion and spinal decompression. We know what to expect at every step of your claim - and what to do to protect your rights. The parties agreed to settle prior to trial for $1,275,000. Timelines, deadlines, and limitations are also very important in legal claims. PK Simpson have the skills and experience to make sure you are successful. You can expect from $150,000 to more than $200,000 with spinal fusion cases. One mistake can result in spinal cord injury such as paralysis. And repeat surgeries occurred due to the fusion not taking.. But it did not resolve your back or neck pain. Michigan law allows people to trade medical and wage loss benefits for a lump sum cash payment. Parties may agree to enter into a disputed settlement where an injured worker is compensated at an agreed upon value without the Employer and Insurer accepting liability for the injury and any associated medical expenses. personal injury damages). Each month, thousands of web visitors read his articles and posts. You want to choose an attorney that you connect well with and that has the skills you require. Unfortunately, while surgery can reduce radicular symptoms (pain down the arm), it usually does not eliminate neck pain entirely. Settlements depend greatly on the unique circumstances of each case. More people with injury cases are now choosing to go with spinal fusion surgery to help them heal from a car accident. . If you experience this reduced range of motion and lost quality of life, it may entitle you to additional settlement funds for damages. We make it easy for you to access more of the legal funding facts you deserve. Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. The average payout for workers' compensation cases, in general, was found to be $21,800. $2,750,000 settlement for a pedestrian accident victim with neck injuries requiring an anterior cervical discectomy and three-level fusion Our attorneys have recorded many more results for auto accident victims who suffered neck and other serious injuries. you can receive if you need to have or have already undergone spinal fusion surgery; and. Request your free consultation today. This means if you go to court and lose your case, the money is yours to keep. In our experience, successful monetary recoveries for simple neck injury may range anywhere from $2500 to $50,000. Do I Need a Lawyer for a Workers Comp Claim? Spinal fusion is a high risk surgery that comes with serious complications, including death. Below is a sampling of verdicts and settlements obtained by our personal injury attorneys. If you have suffered a cervical spine injury and are interested in seeking a workers comp settlement, you have every reason to talk to a lawyer. A cervical fusion may also be suggested to straighten the spine or to control a deformity of the cervical spine such as a cervical kyphosis. We first need to clarify that cervical fusion is not the name of the injury caused to the accident victim but the name of a type of surgery intended to treat spinal neck injuries. This deformity occurs when the cervical spine is unstable and begins to bend forward. Many people who contact, Michigan lawyer explains when it is possible to file a lawsuit against an insurance company doctor for medical malpractice. Over the past twenty years there has been an increase in the use of spinal instrumentation systems that use hardware such as pedicle screws, plates, rods, wires, hooks, and cages of different materials. How Do I Seek a Workers Comp Settlement for a Cervical Spine Injury? You should undergo a discectomy first (unless you need the fusion because your first discectomy failed). SSDI or SSI) and other forms of compensation (i.e. Its not surprising. The average settlement amount for a neck or back injury in Michigan is $462,900, and the median amount is $320,000. Fax: (956) 707-0522 If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits. From what I have seen, the number of complex fusion procedures performed has increased over the past five years. A cervical or lumbar fusion is a surgical procedure with substantial risk. an anterior cervical discectomy and fusion at the C6-7 level and a C6-7 discectomy with disc arthroplasty. Plus, at Express Legal Funding, we always make it completely free to apply and never charge any application fees. Our attorneys can help you better understandMichigan workers comp lawsand what happens after someone has been hurt on the job. The fusion involved the placement of a bone graft in the spine where the disc had been and the . However, like all surgeries, these procedures are not perfect nor without serious risk. degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. The primary risksto consider when cervical fusion is on the table are: In addition to these risks, it is possible to experience a reduced range of anterior motion after the surgery, even with physical therapy. FAQ: When is a DUI a Felony or Misdemeanor Charge? This is because the more levels fused, the greater the possibility of complications and permanent impairment. an anterior discectomy at C5-6 and a fusion of the two vertebrae at that level. If you are suing for a spinal injuries claim or another type of injury case and have hired an attorney on a contingency fee basis, you qualify to apply for pre-settlement funding anytime. Based on the information provided: Lumbar DRE Category IV (as a result of fusion) = range 20%-23% WPI. The injuries necessitated a prolonged course of medical treatment and he was required to undergo multiple spinal surgeries including a two-level spinal fusion. The average nationally for cervical fusion settlements ranges from as low as $150,000 to a much higher average of over a million dollars. The case value tends to go up significantly when pursuing a claim when cervical fusion is required to recover. Cervical fusion workers comp settlement question? Imaging findings that are used to support the impairment rating should be consistent with symptoms and findings on examination. But, you are hesitant to have the surgery and want to negotiate a, 2. This is common because most people on collecting work injury benefits are treated poorly by their employer and its insurance company. If you smoke, the insurer may argue that it should not have to pay for the spinal fusion until you quit smoking or cut down on the number of cigarettes you have each day because smokers are found to have a lower surgical success rate. Aaron R. Winston was featured in a, whether there is someone you can sue to seek financial justice for your injuries and damages, driver only bought a minimum insurance policy. Work What Are the Risks of Cervical Fusion Surgery? There is a 39.5% chance of flexion mobility reduction. 3 New Hampshire NeuroSpine Institute, Bedford, NH.