$132,500 for Back Injury at Work
Back injuries are among the most common workers injuries. Sometimes the cause of back pain and pain radiating into the legs is clear from an MRI or diagnostic test. Sometimes it is not. We recently settlement a workers’ compensation claim for a back injury that was worse than the MRI findings indicated.
Our client slipped on ice at work causing him to fall to the ground injuring his back. At first, he did not think he was seriously injured. He continued working for several weeks but his problems got progressively worse with time and strenuous activity. An MRI of his low back showed a bulging disc but no nerve root impingement that would explain the pain radiating into his legs. He also had an EMG (nerve conduction test) that did not show pain not show pain radiating into legs.
Doctors decided to do a discectomy where the bulging disc was repaired. This is a procedure that is usually successful and allows patients to return to physical activity with some limitations, such as lifting. The procedure usually resolves most of the pain. Unfortunately, that was not the case for our client. He condition did not improve and he had ongoing pain the back and occasionally in his legs. The work comp insurance company argued that he was not injured as badly as he claimed because most patients have a successful recovery from the type of injury he had.
We hired experts, took depositions, and prepared the workers’ compensation case for final hearing. The case settled before the hearing for $132,500 paid by employer. We were happy to get a good outcome for a great client.