Spinal and Back Injuries in Industrial Workplace Accidents
Paralysis and Permanent Disability
In the workers’ compensation system, a lasting injury like paralysis is assigned a permanent disability rating. After the injured person’s condition stabilizes, a doctor measures their impairment using a standardized medical guide, adjusted for the worker’s age and occupation, to provide a rating between 0 and 100 percent. A rating of 100 percent reflects permanent total disability. This rating can limit the amount of benefits available. A third-party claim, however, is not limited by that figure, which matters a great deal when an injury may significantly impact the rest of a person’s life.
Future Medical Costs and Life Care Plans
Ongoing costs resulting from a serious spinal injury can include surgeries, physical therapy, medication, assistive necessities such as a wheelchair, home health or attendant care, and modifications to a home or vehicle. These future costs can be recovered as damages in a personal injury claim, but they must be well documented and supported.
This is the purpose of a life care plan. A life care plan is a detailed projection of the care an injured person will need over a lifetime and what that care will cost. In a paralysis or spinal cord injury case, the life care plan is often the central piece of evidence for future damages, because it turns a lifetime of need into a documented figure that a claim can recover. Without it, future costs are easy for an insurer to ignore, dispute, or understate.
Deadlines for a Workplace Spinal Injury Claim in California
The deadline to file a personal injury lawsuit in California is generally two years from the date of the accident. A workers’ compensation claim has its own timeline. Because a serious spinal injury involves urgent medical decisions, and because evidence at the accident site can change or disappear quickly, it is best to have both the deadlines and the potential claims reviewed by an attorney as soon as possible.
Working With Chain | Cohn | Clark
Chain | Cohn | Clark has represented injured workers and their families in Bakersfield and across Kern County since 1934. Our firm handles serious workplace injury claims on a contingency fee basis, which means you don’t pay unless we win. Contact us today for a free consultation.
Frequently Asked Questions About Workplace Spinal Injury Claims
Possibly. You generally cannot sue your direct employer, but if another party contributed to the accident, you may have a third-party claim against them. That claim can recover damages that workers’ compensation cannot, including full lost earnings and pain and suffering. An attorney can review who was involved and whether a third-party claim applies.
In the workers’ compensation system, permanent disability is expressed as a percentage. After your condition stabilizes, a doctor rates your level of impairment using a standardized medical guide, and that rating is then adjusted for your age and occupation to produce a figure between 0 and 100 percent, where 100 percent is permanent total disability. That percentage determines the benefits you are able to receive.
It can be. A herniated disc can cause lasting pain, numbness, and weakness, and may require injections or surgery, so it is a real injury even though it does not always appear on an X-ray. Whether it supports a claim beyond workers’ compensation depends on how the injury happened and who was responsible. An attorney can help assess whether or not you may be able to file a third-party claim.
Talk to a Bakersfield Spinal Injury Lawyer
If you suffered a spinal or back injury in a construction or workplace accident in Kern County, contact Chain | Cohn | Clark today for a free consultation and learn whether a claim beyond workers’ compensation may be available to you.
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