Disability Claims for Back, Neck, and Spinal Cord Injuries
Our team can help you get the disability benefits that you qualify for due to your debilitating injury. If you need to file a disability claim for neck or back injuries, contact our office for a consultation.
Back, neck, and spinal cord injuries can have devastating consequences for those who suffer from them. Whether the injury was caused by a car accident, a sports accident, or while on the job, these types of injuries can result in paralysis or permanent disabilities that significantly impact a person’s quality of life.
Unfortunately, around 18,000 people are diagnosed with spinal cord injuries every year in the United States. Combined with the number of neck and back injuries diagnosed, hundreds of thousands of people are affected by these debilitating injuries here in our country.
The costs associated with rehabilitation, ongoing medical care, and other necessary home modifications can run in the millions, placing a significant financial burden on the injured and their families.
Trying to return to work after suffering these severe injuries is often incredibly challenging. In some cases, it is impossible. If you have suffered a neck, back, or spinal cord injury, it is critically important to seek the assistance of an experienced disability insurance lawyer. A knowledgeable legal team will be able to help you navigate the legal system and fight for fair disability benefits on your behalf.
We will do everything in our power to guide you through the claims process and fight for the maximum amount of compensation and the full benefits that you deserve. Contact our disability claims team team now to schedule a free case evaluation to get started.
Types of Back, Neck, and Spinal Cord Injuries
The unfortunate truth is that there are several types of injuries that a person can suffer from that will impact their ability to work. Some of the most common types of injuries to the back, neck, and spinal cord that people seek disability benefits for include:
- Broken neck: Suffering from a broken neck condition can lead to serious complications. This can include damage to the nerves, instability, and limited mobility. Depending on the location of these neck injuries and the severity, a neck disability can cause significant pain, create problems with movement, and potentially result in paralysis.
- Spinal cord damage: Trauma to the spinal cord can lead to a range of impairments. This can include numbness or the loss of sensation, muscle weakness, range of motion limitations, or even paralysis. In many cases, individuals lose the ability to control their bowel and bladder. In severe cases, individuals may experience impaired respiratory function.
- Slipped disk: A slipped disc, which is also known as a ruptured or herniated disc, is an injury that occurs when the soft cushion-like disk between the vertebrae in the spine ruptures or slips out of place. This type of injury can put significant pressure on the nerves in the area. It can result in numbness, weakness, reduced mobility, and overwhelming back pain. In some instances, intervertebral disc syndrome can cause damage to the discs as well.
- Disk herniation/protrusion: The bulging or displacement of the gel-like material inside the spinal disc can result in overwhelming pain. This condition can lead to numbness and weakness and can require surgery in severe cases. The symptoms may worsen with movement or certain positions, and severe cases may require medical intervention, including surgery. Disk protrusion generally impacts the area of the thoracolumbar spine.
- Broken back: A back injury can be incredibly painful and lead to drastic limitations in your ability to perform different tasks. Unfortunately, the severity and consequences of a back injury can vary depending on the location and the extent of the fracture. These injuries can lead to back pain, limited range of motion, nerve damage, and various other medical conditions.
- Partial or complete paralysis: Paralysis refers to the loss of muscle function and sensation in parts of the body. Partial paralysis, also known as paresis, involves the weakening or functional loss of muscles, while complete paralysis involves the total loss of voluntary muscle control. These conditions can occur due to severe spinal cord injuries, nerve damage, or other medical conditions. Paralysis can significantly impact a person’s ability to work by limiting mobility, fine motor skills, and physical independence.
- Paraplegia: Individuals who are paraplegic did not have the ability to use the lower portion of their body. This debilitating condition results in the full functional loss of controlled movement in the area below the point of impact on the spinal column. Individuals who are considered paraplegics have to use wheelchairs and other assistive devices in order to perform various tasks.
- Quadriplegia: Individuals who are quadriplegic do not have the ability to use their arms or their legs. They may also lose the ability to use other areas of their body as well. This condition is generally caused by an injury to the spinal cord in the upper cervical region of the spinal column.
Types of Disability Benefits Available
When you suffer a back, neck, or spinal cord injury, seeking disability benefits becomes crucial to alleviate the financial strain on you and your family as you get the care that you need to recover from your injury. There are several different types of disability benefits that may be applicable to your situation. These include:
Short-Term Disability (STD) Benefits
Short-term disability insurance provides income replacement for a limited duration when an individual is unable to work temporarily due to injury or illness. In the case of back, neck, or spinal cord injuries, short-term disability benefits can provide financial support during the initial stages of recovery, covering a portion of your income for a few weeks to a few months after your initial diagnosis.
Long-Term Disability (LTD) Benefits
Long-term disability insurance benefits are designed to provide those who suffer from neck, back, and cervical spine injuries with income replacement for an extended period. Individuals generally qualify for LTD benefits if they are unable to work for the foreseeable future as a result of the injuries they suffered. When it comes to these types of injuries, having financial stability while being forced to undergo extensive medical treatment, rehabilitation, and other medical care is critical.
Working with an experienced disability insurance lawyer from Edelstein Martin & Nelson, LLP can significantly increase your chances of obtaining the maximum disability benefits available to you. Due to the fact that filing for disability benefits can be incredibly complicated, it is important that you have a strong team by your side.
Our disability lawyers are well aware of the tactics employed by insurance companies in order to minimize payouts for injured parties. We are also well-versed in the claims process, and we will always adhere to the strict deadlines for filing and appealing claims. Schedule a free consultation with our team as soon as possible to get started. We will do everything in our power to help you receive disability benefits so you have the financial resources that you need to move forward.
How to Obtain Disability Benefits for Neck or Back Conditions
To receive benefits for a spinal injury or an injury to your neck or back, you will need to submit medical records to whatever entity is handling your claim. These records must be from medical professionals who have treated you. The medical records will need to clearly demonstrate your disability. Objective medical records and evidence will hold significant weight when it comes to winning your claim. Some of the types of objective evidence that may be included in your medical records include:
- MRI scans
- Functional Capacity Evaluation
- Clinical findings from a doctor, such as a range of motion examination
When filing a VA disability claim, or a claim for disability compensation and benefits through your insurance company, you must be able to demonstrate the severity of your injuries and the impact that they have on your ability to work.
The unfortunate truth is that X-rays and even MRIs do not always indicate the severity of a person’s back pain. There are cases where individuals report excruciating back pain that can exhibit minimal abnormalities in their actual diagnostic images. Additionally, there are also cases where individuals have a normal range of motion but still have significant back pain. In these cases, insurance companies may reject a valid claim by alleging that the claimant is exaggerating their disability.
In order to overcome this issue, comprehensive medical records from treating medical professionals become critical. The treating doctor must be able to provide a thorough and detailed explanation of your injuries and outline the diagnosis and all of the medical signs and findings that led to them making that conclusion in your case.
Our knowledgeable disability lawyers at Edelstein Martin & Nelson can help to gather medical records and information pertaining to your case. Some of the evidence that we will help collect on your behalf includes:
- Treatment notes from the doctor, particularly if you were asked to rate your pain on a scale of 1-10, and the notes that consistently document complaints of pain. This will clearly demonstrate why the medical opinion of the disability is fitting.
- A functional capacity evaluation that was conducted by a physiatrist or physical therapist. This can demonstrate the claimant’s inability to stand, sit, walk for extended periods, or perform other physical functions required by their job.
- An evaluation report conducted by a vocational expert. This report can establish your inability to fulfill the duties of your regular occupation or any other occupation that you are qualified for.
- Statements from coworkers that describe the problems that you have at work and any decline in productivity that you have shown.
Our lawyers will take an aggressive approach toward presenting a comprehensive package of objective and subjective evidence that shows why you qualify for the disability compensation that you are requesting.
Hiring an Experienced Disability Lawyer is Critical
When trying to recover disability compensation after suffering a serious injury that prevents you from working, you can benefit significantly from having a skilled and knowledgeable legal team in your corner.
When it comes to filing a claim for disability compensation and benefits, timelines are critical. This is true when it comes to filing an initial claim or even appealing a disability insurance denial. Unfortunately, there are instances where individuals seek legal assistance far too late. For this reason, we urge you to reach out to our team as soon as possible to discuss your case over a free consultation. Our insurance disability lawyers can help you take early action in order to increase your chances of getting the compensation and benefits that you deserve.
Let Our National Disability Lawyers Help
The unfortunate truth is that suffering any type of spine, neck, or back injury can have a profound impact on your life, both physically and financially. However, with the guidance of a skilled disability insurance lawyer like our team at Edelstein Martin & Nelson, LLP, you will be in the best position to navigate the complex claim process associated with getting the benefits you need and deserve.
We have decades of experience helping injured veterans and workers get the money and benefits they need and deserve after suffering debilitating spinal injuries, neck injuries, or back injuries. Our team can help you pursue full and timely compensation for the losses and damages that you face.