Herniated Disks and Back Injury Claims
A herniated disk is a type of back injury; These are also referred to many times as “bulging disks” as the nerves around the disk sac become irritated and cause pain. Spines comprise a nucleus and are encased in an annulus, which is the harder exterior.
Herniated disks many times cause no problems and can occur in one or more portions of the spine. This usually attributes to lower back pain. Symptoms can improve over time, but some patients with serious spine injuries experience real excruciating pain and can be forced to resign from their careers.
A herniated disk can occur from a simple bad movement, such as lifting a heavy object incorrectly. One should always bend at the knees when lifting to avoid this problem.
However, serious bulging or herniated disks can be caused by injuries on a job or even by a slip and fall on-premises. This leads to the need to speak with an attorney immediately as soon as a back injury occurs.
Surgery is not usually needed but can be in severe cases. To complicate matters, a herniated disk injury may not present itself immediately but will erupt in the future by lifting something heavy or in an incorrect manner.
These injuries are created by an automobile accident, a work injury, or a slip and fall. Prompt medical attention should be sought, and an attorney should be on hand to navigate the water of this type of injury since it is chronic. Age also makes individuals more susceptible to back injuries and herniated discs.
The problem with herniated disks and other back injuries are twofold. They are difficult to prove and usually last a lifetime. Some jobs or careers are not possible after a disk or spine injury. Even when healed, a disk can “slip” out of place with little forewarning, which leads to job loss and financial difficulties.
What types of jobs are not suitable for individuals with herniated disks?
Generally speaking, office jobs where sitting all day with no heavy lifting are not likely to be affected. Even with office jobs, restrictions may apply, as any sudden movement or sitting for too many hours can aggravate this chronic condition.
Simple movements, such as moving too swiftly, even while gardening, can cause this condition to reoccur. It is, therefore, permanent and always takes a careful approach to life.
However, jobs that require physical labor can be lost with a back injury due to a herniated disk. This causes immense financial hardship and also mental and emotional stress.
Some of these jobs include:
- Construction jobs
almost always require heavy lifting of some types of materials. Even when a back injury from herniated disks is not acting up, as stated previously, heavy lifting can aggravate it.
- Warehouse jobs
Few warehouse jobs do not require some type of heavy lifting. Even driving a forklift can put pressure on an already bulging disk. Even sitting jobs at warehouses do require bending and shifting quickly.
- Truck driving jobs
Whether long-haul trucking or short-haul trucking, truckers have a combination of factors that lead to back injuries and herniated disks. They sit for hours while driving but also must many times load and unload the trucks with heavy materials. According to many medical experts, more than half of all truckers suffer irreparable back damage. This does end up in careers that cannot be pursued, unfortunately.
- Landscaping jobs
This may not seem like a type of job that would require a lot of movement or lifting, but it does. It generally involves lifting heavy bags of mulch and soil, stump grinding, and tree removal and trimming. In Chester County, with its beautiful botany, many injuries to the backs of laborers can occur in the fall and summertime.
When to Contact an Attorney about a Back Injury?
The simple answer is ASAP, especially when the injury is caused during employment in a high-risk injury, as listed above. While herniated disks are the main type of back injuries, other types occur, such as sprained muscles, strains, and even ruptured vertebrae.
Web MD has a whole list, and the injuries are not easy to diagnose. X-rays and MRIs (Magnetic Resonance Imaging) are the usual methods after inflammation has died down. Back injury claims against an employer can be difficult to prove. Even car back injury claims are difficult to prove.
Generally, insurance companies for the employer or the defendant in a car accident will seek to prove that the plaintiff, the injured party, was at least partially at fault.
Since these injuries, if severe, can lead to a permanent disability claim, the awards can be high. Therefore any insurance company attorney will seek to minimize the failure of the defendant to exercise a correct Duty of Care.
Conclusion—Herniated Disks and Back Injury Claims
Not just a good attorney but a great seasoned attorney should be consulted whenever a herniated disk or other back injury is suspected. If severe enough, these are life-changing injuries and generally can be permanent.
A team with access to medical professionals with civil courtroom experience in these types of injuries is needed. Christian J. Hoey, ESQ, and his team of professionals in Chester County, PA, serve the area well with these issues and have decades of experience in these claims.
Herniated disks can be the most common type of back injury, and only an attorney with access to a back and spine medical professional should be sought. The court battle can be an upward battle. HoeyLegal brings the “team to the table” that is needed with these types of claims.
Contact this legal team in Paoli for the finest representation possible in any type of back injury claim for a free initial evaluation.
With a back injury, a plaintiff “Cannot Afford to Lose,” which is the motto of HoeyLegal! Simply dial 1-888-GO-HOEY1!
For more information on all our law services, visit us at HoeyLegal.com or call us at (610) 647-5151.