A slipped or herniated disc is a surprisingly common back injury. Untreated, these injuries can get worse and lead to worse spinal cord injuries. Getting prompt treatment and benefits while you cannot work is vital to your recovery.
Herniated disc injuries, including bulging or slipped disc injuries, should be covered under Workers’ Comp if they happened in the course of your work. This can often cover medical care costs and lost wages for the injury, but the process is complex, and you should work with a lawyer.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945 for a free case review.
Herniated Disc Basics
Your spine is made up of bones called vertebrae that surround your spinal cord. Those bones each have a “disc” (or “disk”) of soft tissue between them.
This donut-like disc can be compressed, causing it to bulge or slip out from between the bones. If it bulges inward, it can press on your spinal cord and cause numbness, tingling, pain, and motor issues.
Bulging vs. Slipped vs. Herniated Discs
The names “bulging,” “slipped,” and “herniated” disc are often used interchangeably, with some slight variations:
- A “bulging” disc may refer to just the harder outer layer of the disc bulging out, with no internal damage. This often isn’t as painful or disabling and might not need surgery.
- A “herniated” disc may refer to the inner sac of fluid bursting and leaking into the outer layer of the disc. This often does need surgery and may cause more pain.
- “Slipped” can refer to the disc itself slipping from position or the inner sac slipping into the outer sac, meaning it can refer to either a “bulging” or fully “herniated” disc.
Slipped Disc vs. Slipped Vertebra Injuries
When the soft tissue slips from between the bones or the inner layer slips into the outer layer, this is typically called a slipped disc.
The whole vertebra can also slip out of position, resulting in a slipped vertebra. That is also known as spondylosis, which can cause similar symptoms and treatment needs.
Work-Related Requirement
Injuries generally qualify for Workers’ Compensation benefits as long as they are work-related. This can mean that they happened…
- In an accident while performing work tasks (e.g., lifting, carrying)
- Because of repetitive stress over time at work (e.g., if you frequently lift things for work) or
- In an accident caused by dangerous work conditions (e.g., a slip and fall at work).
Does Workers’ Compensation Cover Surgeries for a Slipped, Herniated, or Bulging Disc?
If your injury qualifies for Workers’ Comp, then any surgeries you need should be covered. You may, however, need to use a doctor your employer chose if treatment happens in the first 90 days of care.
Many “bulging” disc injuries are not severe enough to need surgery, so unless it ruptures/herniates, you might be limited to other medical care (muscle relaxers, pain medication, physical therapy, etc.).
What if a Slipped Disc Gets Worse?
If you are getting benefits for your back injury, and it gets worse, then benefits can continue and increase. Additional medical needs – even including surgery – can always be covered if the injury lingers too long without getting better or actively gets worse.
Always follow your doctor’s orders to prevent reinjury, as injuring yourself through overexertion might hurt eligibility.
Does Workers’ Comp Cover Chiropractic Care and Massages for a Back Injury?
All recommended medical care should be covered, as long as it is provided by licensed providers in Pennsylvania and you use care providers your employer chooses for care within the first 90 days. This means you may be able to get therapeutic massages, chiropractic care, acupuncture, or other services covered.
This might not always be medically appropriate though, as something like cracking your back could be worse for a bulging disc.
Does a Herniated Disc Qualify as a Disabling Injury for Workers’ Comp?
It depends. Herniated discs can come in many different degrees, and they might or might not cause pain or mobility issues.
It all depends on what effects your specific injury causes. If it causes enough pain that you cannot work or it is too dangerous to work until the injury is repaired/healed, then you should be entitled to disability.
What if You Recover but Still Have Pain?
If your injury gets to maximum medical improvement (MMI) and you still face pain, that might be enough to justify ongoing benefits. You should check with a doctor and Workers’ Compensation lawyer to see whether your ongoing pain is sufficient to qualify as a disability.
Total Disability vs. Partial Disability Benefits
A “total disability” is any injury that makes it impossible to work and causes a “whole-body impairment rating” of 35% or higher. Benefits for a total disability last as long as you lose wages for the injury.
A partial disability” is an injury that causes under 35% whole-body impairment. This can only net you a total of 500 weeks of benefits. If an injury gets worse, it might jump back over 35% and put you back into total disability.
The 500 weeks of partial disability do not have to be consecutive.
What is the Rate for Wage-Loss Benefits for a Slipped Disc?
Your wage-loss benefit rate is typically based on what your pre-injury average weekly wage (AWW) was and how much you make now.
No Work
If you cannot work at all, your benefits are 2/3 of your pre-injury AWW, capped at the statewide AWW. You cannot get less than 1/2 the statewide AWW or 10% of your pre-injury AWW (whichever is lower).
Partial Work
If you can work partially, then your benefits are 2/3 of the difference between your current wages and your pre-injury wages. You cannot get more than you would from being totally unable to work.
When Do You Have to Go Back to Work After a Slipped Disc Injury?
Your doctor will send you a Notice of Ability to Return to Work when you have to go back to work. It will say what limitations and light duty needs you must follow.
If, at that point, you do not think you are ready to return to work, we can challenge this. However, that Notice creates an immediate duty to start looking for work, so always navigate these challenges with help from a lawyer.
What if Something You Did Outside of Work Contributed to the Injuries?
Many back injuries happen from a combination of in-work activities and out-of-work activities. For example, lifting boxes during a big move or working on your home could aggravate a back injury.
Generally, if your work tasks significantly contribute to the injury, they will be considered the cause for purposes of Workers’ Comp. An acute injury or accident at work that suddenly causes a slipped disc will also be good evidence the injury was work-related.
Call Our Pennsylvania Workers’ Comp Lawyers
Call (267) 651-7945 for a free case assessment with the Philadelphia Workers’ Comp lawyers at Cardamone Law.
