Back injuries at work should always be taken seriously. If something feels wrong after lifting or carrying something at work, always get it checked out, because it could be spondylolisthesis. If it is, Workers’ Compensation may be available.
If you suffered spondylolisthesis because of work tasks or a work-related accident, Workers’ Comp may cover it. This “slipped vertebra” injury can be quite serious and may require surgery, physical therapy, and other costly treatment. This, plus lost wages, should be covered through Workers’ Comp.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for a free case review.
Spondylolisthesis Basics
Spondylolisthesis is also known as a slipped vertebra. The vertebrae are the bones in your spine, each of which is like a small tube through which the spinal cord runs.
When a vertebra slips out of position, it can push on the spinal cord. This can cause damage, or at least impinge on the nerve, resulting in pain, numbness, motor skill issues, and other issues.
What is a “Slipped Vertebra” vs. a “Slipped Disc”?
Spondylolisthesis is a “slipped vertebra,” meaning the bone itself moves out of position and may need to be moved back into position.
Contrast this with a “slipped disc,” also called a herniated disc. That occurs when the disc – the soft tissue that acts as a pad between the bones of the spine – bulges or has the inner layer slip out into the outer layer.
Both can put pressure on the spinal cord (e.g., if the donut-shaped disc bulges inward), and both result in pain, lost days at work, and other complications. They may also need surgical repair, but they are slightly different diagnoses.
Can You File a Workers’ Comp Claim for Spondylolisthesis?
If your injury happened in the course of your work, it should qualify for Workers’ Comp benefits.
Can You File a Workers’ Comp Claim for a Slipped Disc, Too?
Yes! Both injuries should be coverable under Workers’ Comp, as long as you meet all of the requirements. If you suffered both injuries at once, you can even get them both covered.
What Do You Need to Prove for a Workers’ Comp Case?
These three elements must be met for a successful Workers’ Comp claim, whether based on spondylolisthesis or any other injury:
Employee Status
Only “employees” are covered. This includes most workers in Pennsylvania who work under their employer’s direction, at a time and place dictated by their employer.
Contrast this with independent contractors. This covers many gig workers, self-employed workers, and contractors who control their own work and work on a per-project basis. Talk to our Philadelphia Workers’ Compensation lawyers about what your status is and whether you are misclassified and should be covered.
Work-Related Injury
The injury has to be work-related, which happens in two ways:
- The injury happened in the course of your work tasks, e.g., lifting and carrying.
- The injury happened because of dangers in the workplace, e.g., a slip and fall.
Often, spondylolisthesis/slipped vertebra injuries happen in one acute accident, but they can develop over time as well. As long as it stemmed from work, an injury over time can still be part of your claim.
Disabling Injury
An injury has to be disabling for Workers’ Comp’s wage-loss benefits to kick in. Medical care should be covered regardless, but you need to miss at least 7 days of work to get lost wages.
What Benefits Can You Get from Workers’ Comp for a Slipped Vertebra?
Workers’ Comp pays three primary areas of damages. Two are commonly available for spondylolisthesis, but the third likely will not be.
Medical Benefits
All medical care costs should be paid for as long as you get treatment from approved doctors when required. This means covering surgeries, diagnosis, and physical therapy, along with medication.
Wage-Loss Benefits
If the injury is disabling, then you can get wage-loss benefits. They do not pay full lost wages, but typically around 2/3 of your pre-injury average weekly wage or 2/3 of the difference in pre- and post-injury wages.
Specific Loss
Specific loss is only paid for permanent injuries. If you suffered another injury – such as amputation – in the accident, it may get these additional damages. Otherwise, partial lost function or temporary injuries typically do not get specific loss benefits.
This means spondylolisthesis is unlikely to get you specific loss benefits.
How Long Do You Have to Report a Spondylolisthesis Injury at Work?
You must report your injury to your employer within 21 days (120 at the latest). You must file a formal claim within 3 years of the injury, after your initial claim has been denied. You should file this much sooner.
What is the Process for Filing a Claim?
In your claim, the following stages are important:
Initial Medical Care
You have to get your injury treated to document it, diagnose it, and prove what the injury is and how it was work-related.
Notice of Injury
You then need to notify your employer of the injury. This starts the initial claim, which they file with their insurance carrier.
Report the injury within 21 days to avoid delays.
Ongoing Medical Treatment
Keep getting medical care while you await a decision. You may need to use doctors and care providers on your employer’s list of approved providers for the first 90 days. You can seek second opinions on surgery or see outside specialists of your own choice if there isn’t one on the list, but check with a lawyer for help choosing the right doctors.
Formal Claim
If your claim is denied, you can file a formal claim with the Workers’ Comp Office of Adjudication to get it before a Workers’ Comp Judge (WCJ).
Exams
You may need additional medical exams to provide evidence of your injury, disability, and the work-relatedness of the injury. Our lawyers can often pay for these and recover the costs when you win your case.
Your employer can also demand you go to an “independent” medical exam (IME) with a doctor they choose. They pay for this exam, plus transportation.
Hearing
The WCJ then takes in all of the evidence and decides your claim, if we do not settle it sooner.
Call Our Workers’ Compensation Lawyers in Pennsylvania
For your free case review, call Cardamone Law’s Bucks County, PA Workers’ Comp lawyers at (267) 651-7945.
