Michigan attorney discusses sciatica workers’ comp settlements and how to protect legal rights.
Many of the workplace injuries that we see result in low back pain. We have represented thousands of disabled employees throughout Michigan over decades of legal practice. Here is some information about sciatica workers’ comp settlements and your rights.
Employees hurt themselves in a variety of ways. Back pain can occur from lifting a heavy object, bending and twisting while moving an item, or from a traumatic event such as a blow or fall. It is important to give a doctor the correct history of what caused the back pain to start.
Common diagnoses include sprained muscle, herniated disc, annular tear, and pinched nerve. Pain often radiates from the low back to hips, buttocks, and down a leg. This is called sciatica or radiculopathy.
It can be difficult to pinpoint the exact reason for low back pain and this makes proving a workers’ comp case difficult. Many disabled employees also have pre-existing degenerative disc disease or stenosis. Insurance companies use this fact to automatically dispute claims. Here is what you must understand about your legal rights when you have a sciatica workers’ comp claim and settlement.
Is a sciatica injury covered by workers’ comp?
Michigan law protects employees who need workers’ comp benefits or a lump sum cash settlement option after a sciatica injury. It requires employers to pay medical bills and lost wages indefinitely. Payments or settlements are typically sent from an insurance company.
All medical bills should be paid 100% without any copayments or deductibles. This includes ambulance runs, emergency room visits, hospital stays, doctor appointments, medications, steroid injections, physical therapy, and back surgery. Attendant care should also be paid to family members who help with activities of daily living.
Lost wages should be paid based upon 80% of the employee’s after-tax average weekly wage. This calculation should include overtime, discontinued fringe benefits, and second jobs. Payments continue for the length of disability.
Disputed claims under workers’ comp in Michigan
Watch out for insurance companies who refuse to pay. It is common for a person to be sent to an independent medical examination. These IME doctors are hired by insurance companies to say nothing is wrong or it is not work-related. Do not accept degenerative arthritis as an excuse for non-payment of workers’ comp.
Proving that low back pain is caused by employment can be difficult. It requires showing that underlying pathology is changed or distinct from any pre-existing issues that might have existed beforehand. Deposition testimony from a treating doctor is the gold standard for proving a workers’ comp case. Clinical findings as well as MRIs and EMGs can be brought into the case.
Average sciatica workers’ comp settlement
In Michigan, there isn’t a specified average amount for a sciatica workers’ comp settlement. Statistics published by the Workers’ Disability Compensation Agency show the average for all work-related injury claims in the state was $62,315.56 in 2022. A settlement is based upon future medical needs and wage loss. More is paid when evidence supports continuing disability.
While this doesn’t seem like a lot of money, our results show that much more is paid when the facts and law are fully developed. Insurance companies treat settlements like other business decisions. What are the odds they will lose at trial? How much money will need to be paid to the employee in the future? An experienced workers’ comp lawyer can maximize settlement value by developing medical and vocational evidence.
Make sure to get a free telephone consultation before giving up benefits for a lump sum cash payment. Insurance companies know the value of claims and they do not want to overpay. Let us help you get the most workers’ comp benefits or the most amount of money possible for your settlement for your sciatica injury.
Injured on the job? Contact lawyers now for a free consultation!
If you are an employee who injured their sciatica on the job and need help with your Michigan workers’ comp claim or settlement, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years and can help you better understand Michigan workers’ comp laws and explain what happens if you have been hurt on the job.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 316-8033 for a free consultation today.
Related information:
How Long Do I Have To Sue For Work Related Injuries In Michigan?
