OKLAHOMA SPINE & DISC INJURIES (BACK & NECK INJURIES)
When it comes to work-related injuries, spine and disc injuries predominate. Lifting injuries, falls, and even direct trauma to the back and neck can lead to serious and permanent anatomical changes to the spine and surrounding structures. Recovery times and treatment for these type of cases can be complicated and protracted.
Ruptured disc, herniated disc, bulging disc and even “slipped disc” can be the terms used to describe the problem. However denominated, injured workers simply know these conditions to be painful. In contrast, employers and their insurance companies like to instead refer to these conditions as simple “soft-tissue” injuries, as recent changes in the Oklahoma Workers’ Compensation Law severely restrict the duration and amount of benefits available to an injured worker for these so-called “soft-tissue” cases. In fact, most employers make every effort to direct their injured employees to doctors of their choosing to obtain a soft tissue designation so as to unfairly limit the cost and duration of a back or neck injury case.
Sophisticated diagnostic studies called myelograms, CT scans, MRI scans, discograms and the like are absolutely necessary to properly diagnose disc and spine injuries. It is easy to grasp that employers will attempt to limit an injured worker’s access to such tests to avoid the cost of the test itself. Less obvious is the reality that employers will deny or delay access to such medically indicated studies since the results of such testing can and does in many cases reveal a serious condition needing extensive medical treatment, possibly even surgery. Finally, as indicated above, since employers strive to define your disc or spine injury as merely soft tissue, these tests can prove otherwise, increasing the value of your case significantly. Make no mistake about it, your employer will resist any testing which could ultimately increase the value of your claim.
Instead of running appropriate testing your employer may opt instead to offer you simple x-rays of your spine. Such testing merely reveals bone, completely ignoring the supporting structures, most notably your intervertebral discs. Many injured workers suffering from disc injuries so serious only surgery can repair the problem will have negative findings on x-ray studies. Furthermore, delay in getting the proper testing and treatment for your disc injury can and will result in severe and permanent nerve damage. It is imperative that you put your health and your family’s well being first and get the testing and treatment you need without delay, in spite of your employer’s contrary interest in paying as little as it can to resolve your case.
Most people regardless of occupation develop some degenerative or age-related changes in their spine by the time they are thirty-years old. By this time as well most workers have had at least one traumatic injury to their back or neck from a car wreck, fall, sporting injury, prior work-related injury or other type of accident. Employers in many cases will attempt to avoid or limit their liability for a work-related back or neck injury by alleging that a worker’s current spine problems are due to a pre-existing condition, and are aided in this quest by recent changes in the Oklahoma workers’ compensation law requiring that the work accident at issue be the “major cause” of their injury. Make no mistake about it, however, major cause does not mean the only cause. Proper development of your case will prevent your benefits from being denied or diminished by prior back or neck injuries or age-related changes in your spine.
Other Cases. In all other classes of disabilities, excluding only those heretofore referred to in this paragraph, which disabilities result in loss of use of any portion of an employee’s body, and which disabilities are partial in character but permanent in quality, disability shall mean the percentage of permanent impairment. The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks. all evaluations shall include an apportionment of injury causation.
Serious back and neck injuries will permanently change your lifestyle and your family’s economic future. It is absolutely necessary that you get to an appropriate spine specialist for treatment and receive the diagnostic testing your condition deserves. Despite your employer’s assertions to the contrary, with proper preparation you do have the right to be treated by a physician or surgeon of you or your attorney’s choosing. Exercise this and your other rights under the Oklahoma workers’ compensation law and protect your health and financial well-being. Please contact one of our attorneys for a free analysis of your disc or spine injury case today. We have handled literally thousands of these type of cases and know how to get you the treatment, rehabilitation and monetary benefits you deserve.
