Sciatica is a painful and often disabling condition. It can lead to chronic pain and keep a worker from performing his or her work duties and even affect an individual’s daily life. Sciatica is a medical condition that involves pain that radiates along the sciatic nerve, which runs from the lower back and down the leg and often includes the hips and buttocks. Usually, a compressed disc, herniated disc, or protruding disc leads to the condition. Sciatica results in inflammation, numbness and tingling down the leg, and severe nerve pain that shoots across the lower back, across the hips and buttocks, and down the leg. The condition is confirmed by a CT scan, MRI, and/or EMG. These tests will isolate the pain source and help your physician determine the best treatment route. What Causes Sciatica? One of the most common causes for sciatica is from a herniated disc. Herniated discs occur due to degeneration overtime, like by sitting in the same position for extended periods of time at work, or due to a back injury, such as a slip and fall at work. If you suffered a herniated disc at that resulted in sciatica is from a workplace injury, you could be eligible for a workers' compensation claim from your employer. In order for a successful workers' compensation claim for sciatica, you'll need to show that it was due to your workplace injury and will need medical evidence and any witness statements to backup your claim. Sciatica as a Workplace Injury Sciatica can be the result of a workplace accident and injury. For example, you can injure a disc while lifting in a factory or warehouse, in a fall from a scaffold while doing construction work, in a slip and fall on the concrete floor in the stockroom of a store, or while lifting a patient performing your duties as a nurse at the hospital. Sciatica can be treated with steroid injections, medications, and physical therapy. If none of those options relieve the pain, surgical intervention might be required. Some of those surgical procedures include a spinal fusion, decompression, or laminectomy. This can be an ongoing condition with a lengthy recovery. Sometimes even surgery does not fully relieve the worker of the symptoms. Cost of Sciatica The cost of developing or suffering from sciatica as a workplace injury needs to be calculated carefully, as you could lose out on the amount eventually paid by the insurer if you don’t itemize everything that the sciatica has cost you. Workers’ compensation settlements are not like personal injury claims, so are limited in what costs can be claimed. The two primary components are: All medical costs directly related to the sciatica: and Compensation for earnings that have been lost as a direct result of the injury, e.g. because you could not return to work until the injury had healed sufficiently. In some cases, especially if the sciatica is so bad that its severity is likely to mean that you will not be able to return to the same job, there may be payments that are agreed that help you with finding another job or ongoing treatment. Calculating Cost of a Sciatica Injury to Claim The lost earnings component is easiest to calculate and will be known by your employer as it is in most states a percentage of what you could have earned on average during the time you stayed away from work. That percentage tends to be around two thirds of average earnings that might have been expected. The medical cost component is likely to be the biggest amount and often the most contentious from an insurer’s point of view. They will be keen to see evidence of costs in the form of invoices and bilks together with reports from the doctor and any other medical provider showing that the costs directly relate to treatment of the sciatica. These costs may include any or all of the following: doctor’s consultation fees; cost of x-rays, scans and other tests; medication; surgery; hospital stays if these have been needed; anesthesia during any operation on your spine. Sciatica Settlements Sciatica workers comp. settlements vary widely depending on the severity of the injury, whether it is temporary or permanent and the value of lost earnings. To maximize the value of a settlement, it is important to follow the established procedure for filing a claim, keep to time limits at each step of the way and have sufficient documentation and evidence to submit with your claim. A workers’ comp. attorney will help you through the process and make it more likely that you reach a satisfactory and fair settlement. According to one survey* on back injury settlements that included cases of workplace related sciatica, 75% of claimants received workers’ comp. payments. Of these, 64% were under $20,000, with an average of $23,600. This average was slightly more than the average workplace injury payment of $21,000. 6% of claimants received more than $60,000 in settlement of their claim. The most common reason for a rejection of a claim was that there was a suspicion that the injury was a pre-existing condition, i.e. it did not happen because of conditions at work. That means that it is important to have sufficient evidence of developing sciatica while you were at work to ensure acceptance by the insurer. Pursuing a Workers’ Compensation Claim You must provide your employer with notice of your injury as quickly as possible. Different states have specific time frames for this, but it might vary from a preliminary notification within 72 hours to 90 days. You must file your claim within the specified time frame as well. Workers’ compensation will provide you with medical benefits, which cover the cost of your medical care. However, workers’ compensation can require you to choose doctors from a specific list. If you don’t choose from that list, your medical care will not be covered. Workers’ compensation will cover a portion of your lost wages, which is usually about two-thirds of your regular pay. Sometimes other benefits are offered. The Lump Sum A lump sum settlement might be based on your long-term suffering. As an example, the disability rating that the physician gives you when you are discharged from medical care may impact your long-term suffering. It might also involve your inability to perform the same job in the future or you being declared permanently disabled because of the condition. The value of a settlement from sciatica can vary significantly and is handled on a case by case basis. Consult With a Workers’ Compensation Attorney If you have been injured at work and you suffer from sciatica, you should consult with a workers’ compensation attorney. An attorney will review your case and discuss the process with you, determining the value of your claim. *Survey
