Consider this scenario:
While lifting a heavy piece of equipment at work, you feel a sharp pain shoot through your lower back. At first, you tell yourself it’s just a strain. You finish the day stiff and sore, assuming rest will fix it.
By the next morning, the pain is worse. Standing hurts. Sitting hurts. You feel numbness running down your leg. A doctor later tells you that you’ve suffered a serious spinal injury—possibly a herniated disc.
Workers’ compensation covers your medical visits and lost wages—up to a certain percentage. You’re only collecting about two-thirds of your normal paycheck. As weeks pass, you realize the injury isn’t improving. Your doctor limits how long you can sit, stand, or lift, and returning to your old job doesn’t seem realistic.
Bills start piling up. Medical appointments continue. You begin to understand that workers’ comp doesn’t come close to covering the long-term impact this injury has on your income and your future.
Injuring your spine at work can change your life in an instant. And while workers’ comp is designed to offer fast, no-fault benefits, it can fall short when it comes to serious spine injuries.
(jcomp/Freepik)
Why Spine Injuries Often Exceed Workers’ Comp Benefits
Spine injuries are among the most complex and expensive workplace injuries to treat. Herniated discs, spinal fractures, nerve damage, and surgical complications often require months or years of care. While workers’ compensation typically covers basic medical treatment and a portion of lost wages, those benefits are limited by statute.
As of this article’s publication, workers’ comp usually only pays about 66% of wages, and even that benefit is capped at just under $4,184 per month. In addition, workers’ comp does not pay for the non-economic damage known as pain and suffering, which covers the physical and emotional distress caused by an injury.
Steps for Maximizing Compensation
Follow these steps as recommended by our Las Vegas attorneys for back and spine injuries.
Understand Your Workers’ Comp Benefits
Before exploring additional options, learn exactly what your workers’ comp benefits do and don’t include. Many injured workers assume their claim is being handled correctly without reviewing the details.
Confirm whether all recommended medical treatments have been approved, whether you are receiving the correct disability classification, and whether future care has been fully evaluated. In spine injury cases, disputes often arise over whether a condition is temporary or permanent, and that distinction can significantly affect benefits.
If your treating physician believes you need long-term care, surgery, or permanent work restrictions, that medical opinion should be clearly documented.
Consider Whether a Third-Party Claim May Apply
In some cases, someone other than your employer may share fault for your accident. Perhaps you hurt your spine while working on a shared job site where a subcontractor or property owner failed to maintain safe conditions. Or maybe you were injured while using equipment that was unsafe due to a manufacturer’s defect.
While you relinquish your right to sue your employer when you accept workers’ compensation, you may be able to pursue a third-party personal injury claim.
Think About the Long-Term Impact of Your Injury
Spinal injuries are rarely “one-and-done” medical events. Even after initial treatment, many workers experience ongoing pain, reduced mobility, and flare-ups that interfere with daily life and employment.
Workers’ comp settlements sometimes focus on short-term costs while undervaluing future medical needs. This can be especially dangerous if you agree to close out medical benefits in exchange for a lump sum. Once that happens, you may be responsible for all future spine-related care.
Before accepting any settlement, make sure you have reached maximum medical improvement (MMI), which means your spine has stabilized and no improvement is expected. Even then, with the help of a good attorney, you may be able to work out a settlement that leaves the door open for future medical treatment if necessary.
Explore Social Security Disability Benefits if You Can’t Return to Work
If your spine injury prevents you from returning to any form of substantial employment, you can apply for Permanent and Total Disability through workers’ comp, but that alone may not be enough to sustain you. In those cases, Social Security Disability Insurance (SSDI) may be an option for supplementing your income.
SSDI is not automatic and requires proof that your condition is severe, long-lasting, and prevents you from working. Spine injuries, such as severe disc disease or spinal cord damage, may qualify if properly documented.
Be Cautious With Independent Medical Examinations
In serious spine injury cases, insurers often request independent medical examinations (IMEs). These exams are typically arranged by the insurance company and may not be as “independent” as they sound.
The outcome of these evaluations can influence whether your benefits are reduced or terminated. If an examiner downplays your symptoms or suggests you should return to work before your body is ready, it can severely impact your claim.
To ensure a positive outcome from an IME:
- Review your medical history.
- Write a personal statement describing your injury and how it affects you on a daily basis.
- Don’t sugar-coat your symptoms. This is not the time to be a hero. Be honest about the pain and difficulty your injuries cause you.
- Be honest. Don’t exaggerate your symptoms or try to cover up past injuries that were unrelated to your work accident.
- Be concise. Avoid small talk and stay on the topic at hand. You don’t want to risk saying anything that could jeopardize your case.
- Record the details of the exam after it happens. Write down what the doctor asked and what tests they performed. This is especially important if the exam didn’t go well (the doctor wasn’t thorough, seemed to have an ulterior motive, downplayed your symptoms, etc.).
Consult a Las Vegas Workers’ Compensation Lawyer
Spine injury claims that exceed workers’ compensation benefits are rarely simple—especially when they involve permanent impairment, disputed medical opinions, or third-party liability. But a good workers’ compensation attorney can strengthen your case and challenge unfair benefit reductions. They can help you know whether to accept a settlement, press for a better one, or take your case to court. They can help you pursue every avenue for fair compensation.
You Have a Right to Pursue Full Benefits
It’s hard enough to be injured, but when you are also dealing with income loss, it’s a double whammy. You can protect yourself by understanding your rights, pursuing additional income resources, holding insurers responsible, and getting the right legal help to guide you through the process.
A spine injury affects far more than your ability to work. It affects your quality of life. Your compensation should reflect that reality.