NYC Herniated Disc Injury at Work Lawyers

Chiropractor with anatomical lumbar disc herniation model while consultation of man with back pain.

Did you recently suffer a herniated disc injury while on the job in New York City? Disc injuries are excruciating and can disrupt all areas of your life, including your finances, your ability to work, and even your independence. However, you could have the right to claim compensation to aid in your recovery after a work injury.

Workers’ compensation benefits can provide financial relief for medical treatments and replace a portion of your lost wages after a herniated disc injury at work in NYC. In certain circumstances, you could be entitled to additional compensation through a personal injury lawsuit under New York Labor Law or a third-party personal injury claim.

Claiming these benefits, however, is a challenging task when you’re already dealing with a strenuous recovery. The good news is that you don’t have to do it alone. A workplace herniated disc lawyer from The Perecman Firm, P.L.L.C., can simplify the process by handling every aspect of your claim and demanding the full benefits you are due from every source.

Contact us today to learn more about how we can help while you focus on your recovery.

Causes of Herniated Disc Injuries at Work in NYC

Numerous work-related factors can contribute to a herniated disc injury. These painful and often debilitating injuries are not confined to physically demanding jobs. They can occur in a range of workplace environments, including those that involve:

  • Repetitive motions – Jobs that require repetitive bending, twisting, or other movements can wear down spinal discs over time. This constant strain increases the risk of disc herniation.
  • Prolonged sitting – Office workers who sit for extended periods often experience herniated discs. Poor posture and lack of ergonomic support contribute significantly to this risk.
  • Heavy lifting – Some employees frequently lift heavy objects, which can strain the spine. Poor lifting techniques or lifting objects that are too heavy can damage spinal discs.
  • Sudden impacts – Accidents or falls in the workplace can cause immediate and severe damage to the spine, leading to herniated discs. Such impacts are common on construction sites.
  • Vibrations – Regular exposure to vibrations, like those from operating heavy machinery or vehicles, can lead to spinal damage, including herniated discs.
  • Aging infrastructure – Working in environments with outdated infrastructure or poor maintenance increases the risk of accidents that lead to herniated discs. This includes workplaces with uneven flooring, inadequate lighting, and old furniture.

Symptoms and Diagnosis of Herniated Discs

Herniated disc injuries often manifest through a range of symptoms, which vary depending on the disc’s location and the nerve involvement. Common symptoms include:

  • Pain – People with herniated discs typically experience sharp or burning pain, particularly in the lower back (lumbar spine) or neck (cervical spine). This pain can shoot or radiate through the arms or legs.
  • Numbness and tingling – Many people with herniated disc injuries report numbness and tingling in the body parts connected to the damaged nerves.
  • Weakness – Muscles near the affected nerves often weaken after a herniated disc injury, affecting the individual’s ability to lift objects or balance normally.

Doctors primarily rely on physical examinations and medical history to diagnose a herniated disc. They check for pain, muscle strength, nerve function, and reflexes. If further evaluation is necessary, imaging tests like magnetic resonance imaging (MRI), CT scans, or X-rays can confirm the diagnosis.

In some cases, doctors also use nerve tests like electromyography (EMG) or nerve conduction studies to assess nerve damage. These diagnostic tools aid medical providers in pinpointing the location and severity of the herniation and facilitating targeted treatment plans.

Treatments for Work-Related Herniated Spinal Disc Injuries

Doctors use various approaches to treat bulging or herniated disc injuries, each tailored to the individual’s specific symptoms and the severity of their condition. These treatments aim to alleviate pain, improve mobility, and facilitate a return to normal activities.

Here are some common herniated disc treatment types:

  • Surgery
  • Cortisone injections
  • Muscle relaxers
  • Traction
  • Physical therapy
  • Pain medications
  • Heat and ice therapy
  • Stretching and exercise
  • Chiropractic care
  • Acupuncture
  • Lifestyle modifications

Rights and Responsibilities of Injured Workers

In New York, injured workers have specific rights and responsibilities when navigating the workers’ compensation system. As an injured employee, you are responsible for notifying your employer about your injury within 30 days. Doing so promptly is advisable, as delays beyond this period could lead to the forfeiture of your rights to workers’ compensation benefits.

Additionally, you must file an Employee Claim (Form C-3) with the Workers’ Compensation Board as soon as possible. This action serves as your official notification to the Board about your injury. You must file your claim within two years of the accident or whenever you became aware (or should have become aware) that your condition resulted from your employment.

If you require medical treatment beyond first aid or lose at least one day of work, your employer must report your injury to the Board and their insurer within 10 days. You have the right to choose your own healthcare provider (as long as they’ve been authorized by the Workers’ Compensation Board) unless your employer is part of a Preferred Provider Organization (PPO) or Alternate Dispute Resolution (ADR) program.

What Types of Compensation Can You Receive for a Herniated Disc?

If you suffer a herniated disc injury in the workplace, you could be eligible for various types of compensation through a workers’ compensation claim. The compensation is meant to cover the financial and personal impacts of your injury, which might include:

  • Medical benefits – These cover all necessary medical treatment related to your herniated disc injury, including doctor’s visits, surgeries, physical therapies, and medications.
  • Wage replacement benefits – If your injury results in time off work, you can receive disability benefits to compensate you for a portion of your lost wages.
  • Rehabilitation services – If your injury requires you to change jobs because of new physical limitations, workers’ compensation can cover vocational rehabilitation.
  • Death benefits – In the unfortunate event that a herniated disc injury leads to a worker’s death, their dependents can claim death benefits. These benefits include a portion of the worker’s wages and coverage for funeral expenses.

In some circumstances, a person who suffers a herniated disc at work could be entitled to pursue compensation through a personal injury claim. New York Labor Laws allow construction workers to pursue claims against employers, contractors, property owners, and others in some circumstances. Workers in any industry could have a third-party personal injury claim if their disc injury was caused by the negligence of someone other than their employer and co-workers.

A successful personal injury claim could provide full wage replacement in addition to medical expenses. Personal injury claims can also compensate for losses such as pain, suffering, and diminished quality of life – benefits that workers’ compensation doesn’t provide. Our experienced attorneys are ready to review your case to determine your legal options for pursuing maximum compensation from every available source.

What Our Lawyers Can Do for You After a Workplace Herniated Disc Injury

If you sustained a herniated disc injury or other back injuries at work in New York City, The Perecman Firm, P.L.L.C., wants to help you seek maximum financial compensation. Our experienced team understands the complexities of workplace injury claims and we have the resources and experience to aggressively advocate for your rights.

Contact us today for a free consultation, and let us guide you through the process with the skill and attention you deserve.