Bulging Disc Compensation Claims
Bulging Disc Compensation Claim Types
Bulging Disc Injury at Work
Work-related bulging disc injuries are extremely common, and can result from different types of job-related accidents and stresses.
Some of the most common causes of bulging discs on the job include:
- Collisions
- Falls
- Lifting accidents
- Repetitive stress injuries
Bulging disc injuries that occur at work can be very serious and very painful. If your day-to-day work duties are affected by your injury, or your ability to return to your pre-injury work is affected, you are may be eligible to lodge an injury claim.
The most common work activities that can result in a bulging disc injury include:
- Lifting heavy or bulky loads
- Carrying loads awkwardly, possibly one-handed
- Pushing, pulling or dragging heavy loads
- Manual handling in awkward places, such as during delivery work
- Repetitive tasks, such as packing products
- Bending, crouching or stooping
- Stretching, twisting and reaching
Bulging Disc Injury Due to a Motor Vehicle Accident
Motor vehicle accidents can cause a range of injuries affecting various parts of the body and with varying severities, for both the driver and any passengers of the vehicles involved in the accident.
Due to the impact of some motor vehicle accidents, the most common related injury is a back injury, such as a bulging disc. Injuries after accidents can create ongoing pain, discomfort and financial pressures, therefore it important that if you are injured you are aware of your legal rights.
Bulging Disc Injury Caused by Slip and Fall
The impact and sudden jolting nature of most slip and falls can cause a bulging disc injury. In fact, a bulging disc is a common slip and fall injury.
Falling can directly damage the vertebrae or discs, especially if you land on your back or strike it in the process of hitting the floor or an object. The sudden jolt when falling can cause strains of deep muscles in the back, which can wrench a disc out of place. Vertebrae can be displaced, which can cause a spinal disc to bulge out between the vertebrae or rupture. The injury can result in extreme pain, loss of mobility, and even permanent disability.
What Evidence is Required to Make a Bulging Disc Workers Compensation Claim?
There are essentially three steps you should take if you have a bulging disc injury and you are seeking a personal injury claim.
Firstly
Initially, you would submit a claim to your employer's workers compensation insurer (usually WorkCover). This would be for a statutory claim and provide them with:
- Information in relation to when and how the injury was sustained
- Any reports from medical professionals who you have visited in relation to the injury
Secondly
Where your employer has failed in their duty of care to you, resulting in your injury, you are able to lodge a common law claim. The vast majority of people running common law claims usually engage a lawyer to act for them, who will perform most of the work in terms of gathering evidence this may include:
- Collecting medical records form involved parties
- Reviewing employment and tax records
- Sending you for independent medial examinations
- And more...
Is There a Time Limit For Making a Bulging Disc Compensation Claim?
If you have been injured in the course of your work, in a motor vehicle accident or in a public place and you’re suffering with a bulging disc injury, it is important that you seek legal advice and act promptly as strict time limitations apply for a personal injury claim.
The following time limits apply in many cases, but there are many exceptions, and advice should be sought promptly:
- Motor vehicle accidents: within 9 months of the injury, however in many cases it can be as short as 12 weeks.
- Work accidents: within 3 years of the injury
We recommend you seek expert legal help as soon as possible following your bulging disc injury so you can ensure your legal rights are protected and not lost due to a missed time limit.
How Long do Bulging Disc Settlements Usually Take?
Settlement timeframes are very much dependent on individual circumstances, no bulging disc injury is the same. Most claims are generally settled within 12 - 18 months, however, there are many that fall outside of this guide. Many bulging disc injury claims can be finalised quite quickly, but if your injuries are more serious, there’s a fair chance it can take longer. Your lawyer will be able to provide an estimate of the timeframes you can expect once they have fully reviewed your claim and have a thorough understanding of the impacts of your injuries.
How Much Does it Cost to Lodge a Bulging Disc Injury Compensation Claim?
We offer a ‘No Win. No Fee. No Catch’® promise on all of our claims, which means there are no upfront costs and you will never be left out of pocket. Fees are calculated on the amount of work done and will be explained to you in full before your claim commences and before you sign any kind of agreement.
What Are The Average Payouts For a Bulging Disc Injury?
How much compensation you receive from a bulging disc compensation claim is largely dependent on a range of factors including your whole person impairment (WPI) assessment. WPI assessment, is also referred to as disability rating. It must be conducted by an approved medical specialist. These findings will form a major part of your compensation claim.
Your compensation claim payout will be largely determined by several factors including:
- The extent of the spinal damage and the seriousness of your bulging disc injury
- Whether the bulging disc injury was caused by a work injury or whether it is caused (or partially caused) by pre-existing back problems
- Whether settlement is achieved through the statutory workers compensation system or as part of a common law claim
- Whether you are no longer able to work in your pre-injury work or in other jobs for which you are suited by way of further education training and experience
Can I Represent Myself When Making a Bulging Disc Workers Compensation Claim?
Self-representation is available for all types of claims, however, most people choose to engage a law firm to represent them in their workers compensation claim.
To ensure the best possible outcome for your claim, an experienced personal injury lawyer firm will be able to guide you through the legal process and assist you in obtaining and accessing all possible avenues to compensation. If you have sustained a bulging disc injury due to a workplace accident, as a result of a motor vehicle accident or due to an accident in a public place, you have the right to access compensation.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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