Spinal injuries are among the most serious and life-altering injuries that can occur in the workplace. For many employees in Louisiana, a spinal injury may not only result in temporary pain but could also lead to long-term or permanent disability. This raises important questions about workers' compensation benefits and what injured workers are entitled to when their spinal injury results in lasting impairments.
Understanding how spinal injuries are evaluated, what benefits may be available, and how to strengthen your claim can improve your chances of securing the compensation you need to support your recovery and future needs.
Can a Spinal Injury Result in Permanent Disability?
Yes, a spinal injury can lead to permanent disability, especially if the damage severely impacts the spinal cord, nerves, or vertebrae. Spinal injuries can vary widely in severity, and even moderate injuries can have lasting effects that limit mobility, strength, and overall function.
Some of the most common spinal injuries that may result in permanent disability include:
1. Herniated Discs
A herniated disc occurs when the soft center of a spinal disc pushes through its outer shell. This can compress nearby nerves, leading to chronic pain, weakness, and mobility issues. Severe cases may require surgery and result in ongoing limitations.
2. Spinal Fractures
Fractures in the vertebrae can destabilize the spine and cause severe pain or paralysis. Depending on the location and severity of the fracture, the injury may require extensive treatment and rehabilitation.
3. Spinal Cord Injuries
Damage to the spinal cord itself is often the most severe type of spinal injury. These injuries can result in partial or complete paralysis, affecting mobility, sensation, and even organ function. In extreme cases, victims may require lifelong care and assistance.
4. Chronic Back Pain and Nerve Damage
While some spinal injuries don’t result in paralysis, nerve damage and chronic pain can significantly impair daily activities, making it difficult to return to work or maintain employment.
How Does Louisiana Workers' Compensation Handle Permanent Disability Claims?
Louisiana’s workers' compensation system provides benefits for employees who suffer permanent impairments as a result of workplace injuries. Depending on the severity of your spinal injury, you may qualify for different types of benefits.
1. Permanent Partial Disability (PPD)
PPD benefits are available for workers who experience permanent impairments but can still perform some type of work. For example, if your spinal injury prevents you from heavy lifting but you can still handle light office duties, you may qualify for PPD benefits.
2. Permanent Total Disability (PTD)
PTD benefits are awarded to individuals who are unable to perform any type of meaningful work due to their injury. In Louisiana, PTD benefits are typically paid at two-thirds of your average weekly wage for the duration of your disability.
3. Supplemental Earnings Benefits (SEB)
SEB benefits may be available if your spinal injury limits your ability to earn as much as you did before the accident. If your post-injury wages are lower than 90% of your previous income, SEB may help bridge the financial gap.
4. Medical Benefits
Louisiana workers' compensation covers reasonable and necessary medical treatment related to your spinal injury. This may include surgeries, physical therapy, pain management, and assistive devices such as wheelchairs or braces.
5. Vocational Rehabilitation
If your spinal injury prevents you from returning to your previous job, you may qualify for vocational rehabilitation services designed to help you gain new skills or find alternative employment.
How Are Spinal Injuries Evaluated for Disability in Louisiana?
To determine if your spinal injury qualifies for permanent disability benefits, your doctor will assess your condition based on several key factors:
- Range of Motion: Limited movement or stiffness may indicate lasting impairment.
- Strength and Stability: Muscle weakness or instability may demonstrate long-term functional loss.
- Chronic Pain: Persistent pain that affects your ability to work may strengthen your disability claim.
- Neurological Impact: Nerve damage that results in numbness, tingling, or paralysis can contribute to a disability determination.
After completing your treatment or reaching Maximum Medical Improvement (MMI), your doctor will assign you an impairment rating. This rating helps determine the extent of your disability and the amount of compensation you may be entitled to receive.
Steps to Take If Your Spinal Injury Prevents You from Working
If your spinal injury has resulted in permanent disability, taking the following steps can help protect your rights and improve your chances of securing the compensation you deserve:
1. Report Your Injury Promptly
In Louisiana, you must report your workplace injury to your employer within 30 days to qualify for workers' compensation benefits. Delays may jeopardize your claim.
2. Seek Immediate Medical Attention
Visit a doctor as soon as possible for a thorough evaluation. Early diagnosis and treatment can improve your recovery and strengthen your claim by documenting your injuries.
3. Follow Your Doctor’s Treatment Plan
Consistently attending medical appointments and following prescribed treatments can demonstrate your commitment to recovery, which is crucial for proving the seriousness of your condition.
4. Document Your Symptoms and Limitations
Keep a record of your pain levels, mobility challenges, and other difficulties you experience. This information can support your claim for permanent disability benefits.
5. Consult a Workers' Compensation Attorney
Working with an experienced attorney can ensure you follow proper procedures, gather the necessary evidence, and present a compelling case for permanent disability benefits.
What to Do If Your Workers' Compensation Claim Is Denied
Unfortunately, insurance companies sometimes deny valid claims, especially when spinal injuries result in long-term disabilities. Common reasons for denial include:
- Disputes over whether the injury is work-related.
- Claims that you failed to follow medical advice.
- Allegations that your injury isn’t as severe as claimed.
If your claim is denied, you have the right to file an appeal. A skilled attorney can guide you through this process and advocate for the benefits you are entitled to receive.
Contact Wanko Workers’ Comp Lawyers for Help
A spinal injury can change your life, impacting your ability to work and perform everyday activities. If your injury has resulted in permanent disability, securing the workers' compensation benefits you deserve is crucial for your financial stability and well-being.
At Wanko Workers' Comp Lawyers, we are dedicated to helping injured workers in Covington and throughout Louisiana fight for fair compensation. Contact us today for a free consultation to discuss your spinal injury claim and explore your legal options.
