Are you experiencing intense pain or limited range of motion in your back, neck, and other extremities? Degenerative disc disease may be the culprit. And if it is affecting your ability to work, you could be entitled to workers’ compensation benefits in Georgia.
Degenerative disc disease and joint pain are common as we age but can also be aggravated or accelerated due to an on-the-job accident. When this is the case, qualifying employees can apply for workers’ compensation for assistance with medical expenses, lost wages, and any disability stemming from the condition. The key is proving that an aggravation of your degenerative disc disease is work-related and not simply the natural consequence of everyday wear and tear on the body.
For over a decade, the Law Offices of William F. Underwood, III, P.C. has provided top-notch representation to injured workers in Dougherty County and throughout Georgia. We know how hard insurance companies will fight to avoid paying injured and disabled workers the benefits they need and deserve. Our attorneys will stand up to the insurers to demand a full financial recovery for you.
If you suffer from an aggravation of degenerative disc disease due to a workplace injury or longtime job-related physical demands, call or contact us today for a free consultation with an experienced workers’ compensation lawyer.
Can Degenerative Disc Disease Stop You from Working?
Degenerative disc disease begins when the spinal discs ― the spongy tissue between vertebrae ― dry up and break down. The condition technically affects everyone, as every person will experience some level of spinal deterioration during their lifetimes.
However, degenerative disc disease typically becomes a problem when a traumatic accident or excessive forces on the back and spine cause discs to break down faster. When trauma accelerates the progression of degenerative disc disease, afflicted employees may experience disabling pain, loss of strength, and reduced range of motion that renders them unable to work.
Are You Entitled to Workers’ Compensation Benefits for Degenerative Disc Disease?
Is degenerative disc disease work-related? In some cases, yes. However, employers and their workers’ compensation insurers often try to get out of workers’ comp claims for degenerative disc disease by claiming that the workers’ disease is a pre-existing condition or part of the aging process. However, that doesn’t necessarily prevent you from receiving workers’ compensation.
For example, the symptoms of degenerative disc disease may be aggravated after a worker suffers physical trauma on the job, such as a fall from height or a motor vehicle accident. Workers in occupations that involve physical labor, especially ones that require repeated heavy lifting or bending or twisting of the body, may be able to show that the breakdown of their spinal discs was accelerated due to the physical demands of their job or an on-the-job accident.
What Is the Maximum Disability Rating for Degenerative Disc Disease?
In a Georgia workers’ compensation claim, a worker’s disability rating for degenerative disc disease is calculated according to the Guides to the Evaluation of Permanent Impairment, published by the American Medical Association.
Disability ratings can be assigned to the whole body or to individual body parts. These ratings are used to calculate a worker’s permanent disability benefits.
Degenerative disc disease is a musculoskeletal disorder. When it results in permanent disability, including the permanent loss of strength or range of motion, an independent medical examiner will evaluate the worker to calculate a disability rating.
Typically, degenerative disc disease can receive a maximum disability rating of 10 to 20 percent. The back is considered part of the “whole body,” which is rated for 300 weeks of compensation for permanent partial disability. Multiplying those 300 weeks against two-thirds of the worker’s average weekly wage, a worker who is permanently disabled by an aggravation of degenerative disc disease might receive as much as 10 to 20 percent of that amount.
How to Obtain Workers’ Compensation Benefits for Degenerative Disc Disease
To claim workers’ comp benefits for degenerative disc disease, you must show that the condition of your spinal discs has worsened because of your work. Since employers and workers’ comp insurers tend to assume a worker’s degenerative disc disease is not work-related, the employee must present substantial medical evidence proving otherwise.
Evidence might include:
- MRIs and CT scans showing a significant change in the condition of your spine following an accident or a rapid deterioration of your spinal discs over a short period
- Expert testimony from treating physicians as well as vocational experts to explain how the workplace accident or tasks that you regularly perform in your job worsened the condition and limit your ability to work
A workers’ compensation attorney will conduct a thorough investigation of your claim to determine the evidence necessary to build the strongest case possible for you.
Average Settlement for Degenerative Disc Disease
In some cases, you may benefit from pursuing a workers’ comp settlement for degenerative disc disease. While wage and permanent disability benefits are often paid out over time, some degenerative disease workers’ compensation settlements can provide an injured or disabled worker with a lump sum of money. Disabled workers might prefer a lump sum settlement if they have substantial expenses or debts they need to cover.
However, if an employee still needs treatment for degenerative disc disease, they will need to negotiate a settlement that preserves their right to medical benefits under workers’ comp or negotiate a higher settlement to compensate for giving up the right to workers’ comp medical benefits.
Talk to a Workers’ Comp Lawyer Today
If you developed degenerative disc disease from working, Georgia law says you could be entitled to workers’ comp benefits. Put your case in the hands of an Albany workers’ compensation attorney at the Law Offices of William F. Underwood, III, P.C. When you work with us, you can rest assured that your case will get the personal attention it deserves. We will do all the legwork needed to build a strong case for you. You can count on our team to represent you fiercely from start to finish.
Call or contact us now for a free case review.
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