Suffering a spinal cord injury or a neck or back nerve injury in a workplace accident can be life-changing, affecting mobility, independence, and the ability to work. Whether the injury results in partial impairment, chronic pain, or even paralysis, Pennsylvania workers' compensation laws provide financial and medical benefits to help injured workers recover and adjust from spinal cord injuries. If you or a loved one sustained a neck or back nerve or spinal cord injury due to a work-related incident, understanding your rights and available compensation is essential.
Workers’ Compensation Benefits for Spinal Cord Injuries
Pennsylvania’s workers' compensation system provides benefits to employees who suffer work injuries, including nerve, nerve root and spinal cord damage. Often these injuries can be catastrophic. These benefits cover medical expenses, lost wages, and may include vocational rehabilitation. Because neck and back nerve and spinal cord injuries can significantly impact a worker’s ability to perform their job and daily activities, it is crucial to ensure that the full extent of the injury is considered when filing a workers’ compensation claim.
Specific Loss Benefits in Pennsylvania
Under Pennsylvania law, work related injuries including neck and back spinal cord injuries that result in loss of use of a body part may qualify for "specific loss" benefits. The extent of these benefits depends on the severity of the injury and its impact on the worker’s mobility and function. For instance, a worker who has lost the ability to use their legs due to a work related nerve injury involving the spinal cord may be eligible for compensation like that of an amputation case.
Steps to Take After a Neck or Back Work Related Injury Involving a Nerve or Nerve Root in the Spinal Cord
- Report the Injury Immediately
Notify your employer as soon as possible. Pennsylvania law requires you to inform your employer within 120 days of your work injury to be eligible for workers' compensation benefits. Immediate reporting is essential to ensure proper medical evaluation and legal documentation.
- Seek Medical Attention
Spinal cord injuries, as with any work injury, one should seek immediate medical evaluation and treatment. Early intervention can prevent further damage and improve the chances of recovery. In Pennsylvania, employers can require injured workers to see a designated panel of physicians for the first 90 days of treatment. However, emergency medical care should never be delayed.
- File a Workers' Compensation Claim
Due to the serious nature of spinal cord injuries, claims are often reviewed carefully by the employer’s insurance carrier. These claims can involve disputes over the extent of disability, the necessity of ongoing medical care, and eligibility for specific loss benefits. If your claim is denied, delayed, or questioned, seeking legal assistance can help protect your rights and ensure you receive the benefits you deserve.
What to Do If Your Claim Is Disputed or Denied
If your workers' compensation claim is denied or disputed:
- Contact an Attorney
An experienced workers' compensation attorney can guide you through the appeals process. Dugan & Associates focuses on such cases and can help protect your rights and secure the benefits you deserve.
- File a Claim Petition
Your attorney may need to file a Claim Petition with the Pennsylvania Workers' Compensation Bureau to request a hearing before a judge. Your testimony will be presented and the testimony of your physician most likely. The judge will review your case and determine whether you are entitled to benefits.
- Prepare for the Hearing
Gather all necessary documentation, including medical records and evidence of the injury. Your attorney will help you prepare your testimony and present your case effectively.
Receiving Compensation for a Spinal Cord Injury at Work
If you suffer a work related injury your claim may be approved. If your claim is approved depending on your situation you may be entitled to::
- Medical Benefits – Full coverage for all reasonable and necessary medical treatments, including emergency care, surgery, rehabilitation, and ongoing medical needs.
- Wage-Loss Benefits – Compensation for lost wages if your spinal cord injury prevents you from returning to work or if you need time off to recover and adjust.
- Specific Loss Benefits – Compensation for the permanent loss of function of a body part due to spinal cord damage, based on Pennsylvania workers’ compensation guidelines.
- Vocational Rehabilitation Benefits – If you cannot return to your previous job, you may qualify for retraining, job placement assistance, or other rehabilitation services to help transition into a new role.
Separately, the workers’ compensation insurance company may periodically review payment of wage loss and medical benefits. They are entitled to:
- Have you examined by a physician of their choosing once very 6 months, generally. If you are set up for an ‘Independent Medical Exam (IME’), you should have an up to date exam with your treating physician and contact an attorney immediately.
- File what is known as ‘Utilization Reviews’ questioning the reasonableness and necessity of your treatment. If you get such a notice, you should contact an attorney immediately.
- Have an ‘Impairment Rating Evaluation (IRE’) to assess the percentage of total body impairment and can possibly attempt to put a cap on the length of time you receive benefits. If you receive such a notice you, should contact an attorney immediately.
- Schedule you for a Vocational Interview to assess you an earning capacity. This is an attempt to reduce the amount of money they are paying you or even stop wage loss benefits. If you receive such a notice, you should contact an attorney immediately.
To learn more about the types of Workers’ Compensation benefits provided in Pennsylvania, please click here: https://www.dugan-associates.com/what-are-the-types-of-workers-compensation-benefits-in-pennsylvania/.
Adjusting to Life After a Work-Related Spinal Cord Injury
A spinal cord injury can bring significant physical, emotional, and financial challenges. Workers' compensation benefits can help cover the costs of medical treatment, assistive devices, home modifications, and vocational rehabilitation. Additionally, counseling and support groups can provide crucial guidance during the adjustment period.
If you or a loved one has suffered a spinal cord injury due to a workplace accident, it is crucial to seek legal guidance to ensure you receive the full benefits and compensation you are entitled to. The experienced workers' compensation attorneys at Dugan & Associates are here to advocate for you and help you navigate the complexities of your claim. We listen and genuinely care about your well-being. Consultations are free, and if there is no recovery of compensation, there is no fee.Contact us online below or by telephone at 412-353-3572.
