Spinal cord injuries are life-changing traumatic injuries. They often cause permanent damage in the form of changes in strength, mobility, and sensation. Every year, nearly 18,000 new spinal cord injuries occur in the country, and roughly 282,000 Americans live with a disability caused by a spinal cord injury.
For injured workers and their loved ones, the damages from spinal cord injuries can be multifold. From physical trauma to emotional distress and rehabilitation to financial troubles, it can quickly become a lot to handle.
Pennsylvania spinal cord injury lawyers at Cardamone Law are skilled attorneys who not only provide exceptional legal expertise but also the care and compassion that you want from your legal representative.
Call us at (267) 651-7945 to discuss your case details with our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law.
Common Causes of Spinal Cord Injuries
Sudden and traumatic blows to the spinal cord can cause spinal cord injuries. Such an accident could also impact the spinal column, discs, or ligaments. Spinal cord injuries can result in a loss or impaired function of muscle control, sensation, or autonomic function (like bowel or bladder control).
In a workplace setting, certain kinds of accidents frequently lead to spinal cord injuries. These include
- Car accidents
- Slip and fall accidents
- Construction injury
- Brain injury
- Medical malpractice (in rare cases)
- Workplace violence
- Other causes.
Symptoms of Spinal Cord Injuries
Common symptoms that we see our spinal cord injury clients suffering from, and which the medical community verifies, include
- Loss of or changes in movement
- Loss of or changes in sensation
- Trouble with balance and walking
- Loss of bowel or bladder control
- Pain, tingling, numbness, or a stinging sensation in hands, fingers, feet, or toes
- Weakness or incoordination
- Unconsciousness
- Headache
- Trouble breathing after an injury
- And more.
Seek immediate medical assistance after a spinal cord injury as emergency assistance can help prevent the spread or excess of damage.
Common Industries for Spinal Cord Injuries
You might face a spinal cord injury in any line of work, but they are particularly common in construction and transportation.
Construction workers are often up high on ladders and scaffolding. Falls from any height have the potential of a back or spinal injury, but when you are up very high doing roof work or framing a building, you could fall a long way and suffer very serious injuries.
Transportation workers also face a high risk of injuries from crashes. Serious truck accidents and delivery driver crashes could lead to substantial back and spine injuries. Many might not involve actual paralysis, but herniated discs and misalignment can wreak havoc on your back and lead to long-term difficulty returning to work.
Any other job that involves being in high places or lifting/carrying heavy things also has a substantial risk of serious back injuries that may result in spinal cord damage.
When Does Workers’ Compensation Cover a Spine Injury?
Workers’ Compensation should cover any injury that happens in the course of your work. As long as spinal injuries are “work-related” and leave you unable to work for some time, you should be able to file a claim.
Work-Relatedness
Many of the accidents discussed above can happen in the course of your job. As long as this condition is met, whether you were at your normal workplace or not, your injury should be covered.
Back injuries are interesting because they often build over time and potentially involve multiple smaller injuries or strains. The core issue that will be assessed is whether this acute injury or accident that threw you over the edge into spinal cord damage occurred during work tasks or outside of work.
Even if your injury was compounded by outside tasks, the so-called “final straw” being work-related should be enough to make your case a Workers’ Compensation case.
Disability
Your ability to work will be assessed as part of your Workers’ Compensation claim. If you are out of work for at least 7 days because of your work injury, then you should be able to qualify for wage-loss benefits going forward. If you make it to 14 days of disability, then the first 7 days are also paid.
If you are deemed totally disabled, then your total disability benefits can last as long as your injury keeps you from working. If, after 2 years on benefits, you undergo an Impairment Rating Evaluation (IRE) that deems you under 35% whole body impairment, you can be switched to partial disability status. This means you can only get 500 more weeks of benefits at that status.
Wage-Loss Benefits for Spinal Cord Injuries
Your Workers’ Compensation claim can pay you 2/3 of your average weekly wage (AWW) in most injury cases. If you do return to work while on benefits, your wage will instead be 2/3 of the difference in wages you make now and wages from before the accident.
There is a cap for wage-loss benefits equal to the statewide AWW, a number the Commonwealth sets each year. You also cannot get less than 1/2 of this value or 90% of your AWW, whichever value is lower.
Specific Loss Benefits
If your spinal cord injury causes permanent lost function, then you can also receive “specific loss” benefits. These can also be paid for other injuries that might have come along with your spinal cord injury, such as serious facial scars, amputation, lost function, lost hearing, or lost vision.
Spinal cord injury often causes paralysis below the point of injury. Total loss of function in various parts of your body will result in specific loss benefits for a set number of weeks defined in the statute, based on body part.
The rate paid is usually 2/3 of your AWW, also subject to a statutory maximum equal to the statewide AWW. The floor here is 1/2 of that statutory max.
Can I Sue for My Spinal Cord Injury Instead?
Not everyone qualifies for Workers’ Comp, and many who do also qualify for a separate lawsuit.
Independent contractors are not covered under Workers’ Comp, as it only applies to employees. These workers may instead file a lawsuit against the parties responsible for the accident that caused their spinal cord injuries.
Employees cannot file a lawsuit against their employer or themselves, and so Workers’ Compensation may be their only option. However, if some third party did cause their accident, Workers’ Comp and a lawsuit might both be able to cover them.
In a lawsuit, you can recover damages that Workers’ Comp does not pay, such as the remaining 1/3 of your lost wages or pain and suffering damages.
Do I Need to See a Specialist for My Spinal Cord Injury?
Often, spinal cord injuries need treatment from specialists. After your accident, you should go straight to the hospital, and they will usually provide you with whatever care you need. That can include care from specialists.
In the aftermath of your injury, you may be required to treat with doctors on your employer’s list of approved providers in the first 90 days, which may or may not include these specialists. If you need a specialist who is not listed, you can still get coverage from them instead.
If surgery is recommended and the list does include a spinal surgeon, you may be able to get a second opinion from a doctor of your choice about the surgery recommendation. However, you would need to get the actual treatment from the listed doctor. However, this is unlikely to apply because spinal surgeons might not be on the list in the first place.
Can I Return to Work with My Spinal Injury?
Many people with temporary and permanent spinal cord injuries alike are able to ultimately return to work. Talk to an attorney about planning your return to the workforce so that you can do so at a time – and at a job – that is right for you.
Accommodations are sometimes needed to make a proper return and start making wages again, and your employer should take this into account.
Call Our Philadelphia Spinal Cord Injury Attorneys Today
Contact Cardamone Law’s spinal cord injury attorneys at (267) 651-7945 for a free case evaluation today.
