A Wisconsin workers compensation settlement value depends on several factors. Is the work-related injury conceded or denied? Is the disability a scheduled or nonscheduled injury? McCormick Law Office handles mostly back and neck unscheduled injuries resulting in permanent work restrictions. Our clients usually have lumbar or cervical disc herniations, which can be caused by a traumatic accident or an occupational injury from job duties over time.
In a traumatic injury, a lumbar disc can also become herniated during an acute (sudden) injury. Lifting bent forward and twisted can cause a disc herniation. A disc can also herniate from a heavy impact on the spine, such as falling from a ladder and landing in a sitting position.
With an occupational injury or an injury from job duties over time, vigorous, repetitive bending, twisting, and lifting can place abnormal pressure on the shock-absorbing nucleus of the disc. If great enough, this increased pressure can injure the annulus, leading to herniation.
If the disc herniation is conceded, a case should be worth more because the settlement value does not have to be discounted by the chance of losing liability at hearing.
The value of the claim comes from the nature of the disability. If an injured worker misses work with a physician authorized off work slip stating the conditin is work-related, the value of temporary disability benefits is included in the settlement demand. If there are permanent work restrictions, there is a loss or earning capacity or retraining claim if the worker cannot return to his former type of work or a job paying about the same amount. It is not possible to estimate the value of an appropriate settlement without knowing the specifics of each case, perhaps 30 to 50 different factors which we consider before making a settlement.
Pain and limited range of motion due to re-injury risk can form the basis of doctor assigned permanent work restrictions. If the restrictions result in a loss of earning capacity or permanent total disability, there are significant unscheduled permanent disability benefits available.
McCormick Law Office in Milwaukee, Wisconsin attorneys get the best results in workers compensation herniated disc settlement cases when the treating physician or surgeon assigns permanent work-related restrictions. We send the permanent restrictions and the client to a vocational specialist who renders an expert opinion on loss of earning capacity or permanent total disability, sometimes referred to as odd-lot disability. The money or dollar value of each case or settlement also depends on the injured worker’s pay rate and their date of injury. Very important to understand that lump sum settlements do not come from winning at hearing, only out of court settlements, and always subject to a restricted account.