hip replacement implant

FDA Holds Metal-on-Metal Hip Replacement System Makers Accountable

Federal regulators have taken numerous steps to ensure that manufacturers providing metal-on-metal hip replacement systems are following stringent guidelines and adhering to several reporting procedures.

These steps come in the wake of thousands of failures of metal-on-metal hip replacement systems, such as the Pinnacle system made by DePuy Orthopaedics, a subsidiary of Johnson & Johnson.

There is lots of buzz around the Depuy Hip Replacement Lawsuit

Metal-on-metal hip replacement systems use a metal ball and joint, rather than a plastic or ceramic joint. However, these systems have failed at a higher than normal rate, requiring revision surgery or surgeries and causing other problems, such as irritation at the implantation site. Another problem has been the heavy metal shavings that can lead to bleeding at the implant site or leech into the patient’s bloodstream. This condition is called “metallosis.”

Metal-on-metal hip replacement systems use cobalt and chromium, both of which can cause various health issues and have been linked in medical research to depression and symptoms of dementia.

The U.S. Food and Drug Administration has ordered metal-on-metal hip replacement system manufacturers to submit premarket approval applications, which allows FDA officials to review the design, testing and production of the systems before they are available for use.

DePuy hip replacement lawsuit.

According to court documents, DePuy Orthopaedics had design, testing and production flaws with some of its metal-on-metal hip replacement systems. Juries have awarded hundreds of millions of dollars in damages to patients whose systems failed

The FDA premarket approval application will require manufacturers to address any risks known, or that should reasonably be known; the effectiveness of the device; full reports from investigations on the safety and effectiveness of the device.

Regarding metal-on-metal hip replacement systems, FDA has also taken steps to:

• evaluate such devices using magnetic resonance imaging (MRI);

• support new technologies to improve imaging around metal implants to better locate problems before they become serious;

• encourage metal ion testing procedures to ensure consistent practices and reporting;

• review literature regarding devices and results in the United States and around the world;

• review reports involving failed devices to determine why and how the device failed;

• direct manufacturers to conduct a postmarket surveillance study to gather “additional information about the safety profiles of the implants, including the effect of metal ion concentrations in the bloodstream”;

• organize orthopaedic registries around the world to more consistently report and catalogue issues with the devices; and

• provide safety information to patients and health care providers.

That’s not all!
In 2005, J&J pushed their DePuy ASR Hip implants in the United States as a new design that would last 20 years and would provide a greater range of motion. The DePuy ASR metal on metal hip implant design has a metal femur head that rotates within a metal cup, known as a metal on metal design. According to the FDA metal on metal (MoM) Hip Implant Systems consist of a metal ball, metal stem and a metal shell. These metal on metal hip implants were designed to have less device wear, decreased chance of dislocation, and decreased chance of fracture.
However, the metal ball and the metal cup slide against each other during movement causing metal particles to be released. Over time, the metal particles can cause damage to bone and/or tissue surrounding the implant and joint. Soft tissue damage may lead to pain, implant loosening, implant failure, and/or revision surgery. –authored by Rick Fahr

personal injury child support

Will My Personal Injury Settlement Affect My Arkansas Child Support Payments

your injury settlement may affect your child support obligations
Child support obligations may be affected by your personal injury income

Following the decision of your personal injury lawsuit, you must bring up to date the Arkansas office of child support. Subsequently, the income you’re compensated in your settlement may affect your child support obligations. There are numerous potential complicating aspects, nonetheless, so it’s wise to talk to a family lawyer. Your attorney can advise you with regards to your legal rights and obligations. What follows is some general information that could be to your benefit on this subject.

A Settlement Award as Personal Income

Many states address the earnings from the compensation for pain and suffering like a personal income to use at least in some measure to cover supporting your children. In Arkansas, everything established to be “income” is subject to the child support guidelines. Ark. 36

Overdue Payments

After the exceptional suffering of any severe injury, delinquent child support obligations could add to one’s level of stress. Having said that, you’re by law required to meet your financial obligations to your kids. Once you collect your personal injury payout, you could be required to apply some or the entire thing for child support payments.

Your Personal Injury Award and Child Support

Should your injuries leave you not able to work plus the personal injury award consists of recovery of your lost income, that part you recover for income might be deemed regular income.

  • The percentage of your settlement award from the insurance company that will go toward paying child support will likely be the same as your normal earnings percentage.
  • A family law attorney will tell you how much of your personal injury award may go toward your doctor bills and other expenses and just how much should be given out for supporting your children to the custodial parent

Upcoming Child Support Installments

Payment gained due to a jury judgment and even out-of-court settlement is typically thought to be income, at least partly.

Often personal injury income according to Arkansas law is the same as regular income
Your settlement earnings will probably be treated normal income that will go toward paying Arkansas child support
  • If the earnings are significant, it could possibly modify the sum of money you’re required to pay for child support into the future.
  • This may, in particular, be true if the amount incorporates reimbursement apart from medical bills.
  • After reviewing your case, Lisa Douglas offers legal advice and will outline precisely what you’ll be required to pay with regards to your Arkansas child support.  Zero cost consult.  (501) 798-0004/lisa@lisagdouglas.com/Fill out the form.  Your contact information is private.

Leave a comment for a Arkansas Disability/Family Attorney

Depositions in Medical Malpractice Lawsuits

If you have filed a medical malpractice lawsuit, there may be one or more oral depositions conducted in connection with your case. It’s a good idea to have an understanding of depositions and how they may affect your malpractice claim.
What is an Oral Deposition?
An oral deposition is customary in most types of court cases.
  • Depositions are one of several pretrial tools available to learn what an individual knows about the case and to preserve their testimony for use in court.
  • The party being questioned at a deposition swears to tell the truth, and the attorneys involved then ask questions.
  • Cross examination may also take place.
  • Although the deposition will be held in an office outside of the courthouse, the questioning is conducted very much like it would be in a courtroom at a trial.
  • A New York court reporter will take down the questions and answers verbatim using a stenograph machine. Electronic recording using a tape recorder or video camera may occur as well.
What Will be Discussed During the Deposition?
There may be things said during the deposition other than questions and answers. All discussion is recorded unless the attorneys agree otherwise.
  • The lawyers may make objections or engage in conversations with each other.
  • The claimant in a malpractice suit, known as the plaintiff, will be asked to give basic background information such as home address, birthdate, and marital status.
  • The plaintiff will also be asked questions about the history of the underlying medical problem or condition, medical treatment sought, medicine taken and complications resulting from any treatment.
  • The defense attorney will delve into all details of the underlying claim and will probably ask what the plaintiff believes the doctor did wrong. The plaintiff will also be asked about injuries or conditions resulting from the malpractice and about any similar injuries or conditions from before or after the malpractice incident.
  • The doctor’s lawyer will also explore the damages claimed by the patient. This could include medical expenses, wage loss, pain and suffering, permanent injuries, limitations and loss of enjoyment of life.
  • The defendant’s doctor in a malpractice case may also attend a deposition. The doctor will be asked about his or her education, licenses held, board certifications and years in practice. The doctor will be questioned in detail about the plaintiff’s medical history, about the treatment given to the plaintiff and about any other health care professionals involved in that treatment.
  • The available medical records will be thoroughly examined and discussed.
  • Plaintiff’s counsel will want to explore the risks and complications of the procedure or treatment rendered to the plaintiff and any appropriate alternatives.
What Happens After the Deposition?
After the deposition has concluded, the court reporter finalizes their notes. This final deposition can be used in court as a legal document. The written transcript, or parts of it, may be read to the jury during proceedings. This is one reason why depositions are an important part of any malpractice case. They can have a profound impact on its outcome. A qualified medical malpractice attorney will have extensive experience with depositions. That experience may help a malpractice plaintiff receive fair compensation for their medical malpractice damages. Contact a malpractice attorney if you have been seriously injured by a negligent healthcare provider.
Veritext_Logo_ColorThanks to our friends and contributors from Veritext for their insight into depositions and medical malpractice lawsuits.
Insurance Company is not your friend. Hire a personal injury attorney today!

Where do Most Car Accidents Occur?

Whether you own a vehicle or take a bus or train to commute, you may already know car accidents are quite common, and in some situations, unavoidable. Strictly following traffic rules and laws, making repairs, and getting regular inspections are great ways of mitigating the risk of accidents. But not all of us are responsible when it comes to car maintenance and driving on the road. In a majority of the cases in the United States, there is a negligent driver involved in the accident whose carelessness resulted in a collision as a car accident lawyer Delray Beach FL relies on can attest.
If you are wondering where most of such collisions take place, you will be surprised to learn about the following three common areas:

    Near Home
Neighborhoods are the most common areas where a car accident is likely to happen. According to a survey performed by an insurance company, more than 50 percent of car accidents happen within five miles of a driver’s house.
It is easy for a driver to become relaxed when they are off the busy freeway and nearing their home, getting a false sense of security. During this time, they are likely to be easily distracted and crash into a car while turning or pulling out from a driveway. Typical neighborhood collisions include sideswiping a car to avoid hitting pedestrians or bicyclists, crashing into parked cars or trees, and backing out of a driveway.

    Parking Lots
The second most common location for car accidents is a parking lot. This type of accidents often happens when two cars are parked back to back and the drivers back out their cars out at the same time. It may also occur when two drivers are backing out from adjacent spots, but in the opposite direction, resulting in a collision. When a parking lot is densely packed or too small, drivers of larger vehicles may find it difficult to maneuver around tight corners, increasing the risk of swiping the side of another car.
However, since collisions usually happen at a slow speed, there may be only minor or no damage or injury to the vehicles or drivers/pedestrians.

    Metropolitan Areas
Big cities are the third most likely area where the risk of an accident is high. Traffic signals often encourage drivers to relax and take their eyes off the road, eat and drink, spend time on smartphones, and even doze off while driving. Many drivers use traffic jams as an opportunity to multitask, such as check emails or social media notifications, reply to text messages, engage in personal grooming, and even reading a newspaper. Because of such distractions, pedestrian accidents, collisions, and fender benders often take place.
Vehicle accidents occur every single day – most of them are minor where no one is harmed, while others are serious, resulting in serious injuries and even death. It is important that drivers stay alert at all times during their commute and abide by all traffic laws to ensure no gets hurt because of their carelessness or negligence.
Logo-EHLThanks to our friends and contributors from Law Office of Eric H. Luckman, P.A. for their insight into car accident cases.

5 Common Knee Injuries in Personal Injury Cases

The knee is one of the most complex joints in the human body — and it’s also very often the location of an injury. Our knees are responsible for bearing a great deal of our weight while having a fairly small range of motion (much smaller than the shoulder joint, for example). If you’ve suffered injuries from an accident, you might be facing a knee injury. Here are just a few of the more common types of knee injuries that are often tied to personal injury claims:


  1. Tendon Tears and Ruptures

As a chiropractor can explain, there are two primary tendons around the knee that can be injured: the patellar tendon, which connects to the upper tibia, and the quadriceps tendon, which attaches to the quadriceps muscle. These two tendons can tear very easily and surgery may be necessary.


  1. Fractures

When there is a fracture in the knee, it most often affects the kneecap or patella. Other knee-related fractures may involve the tibia, fibula, and femur bones. Motor vehicle accidents and falls are two common causes of knee fractures; both of these accidents can put substantial stress on the front of the knee.

Fractures of the patella, which are much more common, are grouped into four categories: stable, displaced, comminuted, and open.

  • Stable fractures The bone sections on either side of the fracture are not displaced. This type of patellar fracture usually heals with rest and immobilization.
  • Displaced fractures The bone sections are no longer in alignment, and there may be a considerable gap between the fractured pieces. These injuries usually require surgery to repair and there may be associated tendon and/or ligament damage.
  • Comminuted fractures These occur when the patella is broken into 3 or more pieces. These fractures are unstable and always requires surgery.
  • Open fractures Also known as compound fractures, they involve exposure of the bone fragments through breaks in the skin. Open fractures will always require surgery and often lead to instability of the knee well after healing is complete.
  1. Meniscal Injuries

In between the femur and tibia bones are wedge-shaped bands of tissue called meniscus cartilage. These fibrous tissues are often called “shock absorbers” and they play a crucial role in allowing the knee joint to move freely. A tear in the meniscus can be either partial or complete; partial tears may heal with splinting, but complete tears may require surgery.



  1. Collateral Ligament Injuries

The collateral ligaments lie on either side of the knee, with the medial collaterals lying along the inside of the joint and the lateral collaterals along the outside of the joint. These injuries are usually caused by direct contact force applied to the lateral (outside) aspect of the knee during athletics, but are also common in motor vehicle/pedestrian accidents. In the latter type of trauma, there are usually fractures associated with the ligament injuries and recovery can take several months.

  1. Posterior Cruciate Ligament (PCL) Injuries

The posterior cruciate (“cross-shaped”) ligament lies at the back of the knee and helps connect the tibia and femur. It also is most commonly injured in motor vehicle accidents or falls that involve a twisting movement. PCL injuries are usually incomplete tears that respond well to rest and immobilization in a cast or splint.


If you’ve been injured because of someone else’s negligence or wrongdoing, you may be entitled to compensation. Knee injuries can range from mild to severe — but even small knee injuries can require substantial medical treatment. Financial compensation could help you pay for the diagnosis, treatment, and ongoing medical care that you may need. For more information, contact a personal injury lawyer today.

Thanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into knee injuries common to personal injury claims.


Abused in an Assisted Living Home: Do I have a Claim?

Assisted living facilities are a wonderful option for family members who want their independence but still need the everyday care provided by those who work in an assisted living facility. In addition, not everyone who ages has family able to take them in and care for them throughout the day, and not everyone who is aging wants to live with their kids and grandkids.

Assisted living facilities can provide residents with:

  • The ability to care for themselves throughout the day
  • Interact with others also living in the same location
  • Enjoy activities provided by the facility.

These facilities allow for independence while also helping residents get to and from appointments and care for themselves when needed. Unfortunately, there is still a presence of abuse in these facilities.

The Risks of Assisted Living Facilities

Assisted living abuse is not a victimless crime, and it’s not one you want to learn your loved one is experiencing. No one wants to think that their elderly relatives and loved ones are being abused in their homes, but it happens.

Assisted Living Abuse

It’s difficult to think about this, but it happens. Assisted living residents might experience physical abuse from those who work in the facility, and they’re afraid to report it. This could be the typical type of abuse people hear about, but it can also occur when someone is restrained using excessive force. Anyone who experiences emotional or verbal abuse from those who work for the assisted living facility are being psychologically abused. Here are the most common forms of abuse:

  • Physical abuse
  • Sexual abuse
  • Psychological abuse
  • Neglect
  • Financial abuse

Neglect Cases

Neglect often occurs when there’s not enough people on staff to care for the residents. This can result in residents to:

  • Lack proper medication or doses.
  • Not be fed a healthy and balanced diet.
  • Suffer from dehydration.
  • Suffer from bed sores, rashes, and other issues due to a lack of clean facilities and staff.
  • Some facilities financially abuse their residents by forcing them to pay too much for their care, or by taking their money from them and limiting what they’re able to purchase. They may also outright steal from the resident.

What Are Your Legal Options?

A qualified attorney can help you stop the abuse of your loved one at an assisted living facility. If you recognize the signs of possible abuse, a Las Vegas personal injury lawyer can help you pursue justice.

Recognize the Signs of Possible Abuse

Signs might include:

  • Unexplained bodily damage or harm
  • Unsanitary living conditions
  • Depression or withdrawing from interactions with others, including close family members.

If you have noticed these symptoms, it’s imperative you speak to your loved one. Ask what they may be feeling or experiencing, but don’t be surprised if your loved one is afraid to tell you. They may not want you to worry or they may have been threatened that if they tell, they will be punished.

Contact an Little Rock Personal Injury Attorney for Help

Call an attorney to discuss your concerns. They can help you determine if abuse is actually occurring. An attorney can launch an investigation, collect evidence, and seek the opinions of professionals in the medical field. Ultimately, if your loved one has been abused, an attorney can help your family seek compensation for that abuse and get them the emotional and physical treatment they need to help them heal.

Grandparent Rights to Visitation

A family is not simply composed of parents and their children. Often, grandparents are a cornerstone in the upbringing of a child, and want to ensure they will always be assured a place in the lives of their grandchildren. It used to be the case that grandparent’s visitation relied solely on the outcome of divorce proceedings and agreements between the parents and their legal status in the aftermath. In many states, however, the courts and the state legislature have determined that grandparents and great-grandparents are entitled to fight for visitation and custody rights to their grandchildren, granted they meet certain requirements and guidelines. Child custody is one of the cornerstones of family law, and skilled child custody lawyers Arizona can count on believe grandparents should have every right to see or obtain custody of their grandchildren if they so deserve. Today, we will examine some of the requirements for visitation in some states, as well as the custody rights of grandparents later on.

Grandparents Visitation Rights

Visitation, in its most basic form, is the time a child or children spend with a parent or other family member who does not have the majority custody. This is often the case with parents who do not have joint or equal custody, and the parent with whom the child does not live may be granted visitation time, depending on court proceedings and the terms of a separation or divorce agreement. Grandparents also have visitation rights to their grandchildren, thanks to some legal changes by some state legislatures.

In terms of grandparent or great-grandparent visitation, the court will determine if interaction of the child and the grandparent will be in the best interest of the child at question. The grandparent must first petition the court to hear the case. When it comes before the judge, he or she will examine three important factors and if any of these three apply, they will be considered, as well as determining what would be in the best interest of the child. The list of applicable situations includes:

  • The child’s parents have been divorced for a minimum of three (3) months
  • A child’s parents have been missing or deceased for at least three (3) months
  • The child was born out of wedlock (meaning the parents were not married)

These three items are determinants in deciding if the interaction would be optimal for the child. However, there is another list of requirements that come into play when figuring out the best interests of the child, which is comprised of things like:

  • The motivation of the requesting party (the grandparent)
  • The amount of time requested for visitation and how that may impact the rest of the child’s everyday activities
  • The track record and history of the relationship between child and grandparent
  • The motivation and reasoning of the parent denying visitation
  • The benefits of maintaining a relationship with extended family

These five criteria are used to determine what is best for the child. When considered in conjunction with the situation of the parents and children, grandparents can make a strong case for how their continual and growing involvement in a child’s life will be beneficial. Though these are not the only factors, they are the baseline for any case or petition a grandparent will bring to the court.

It is important to remember that visitation comes into play when the parent related to the grandparent has not lost their legal rights to child custody or parentage of the children. For example, if a father does not have any visitation rights to his children, then the paternal grandparents will encounter many more obstacles, as visitation petitions rely on legal status of parents, which translates to a grandparent’s legal status. However, when legal status causes issues, there are other options in those cases, such as filing for third party visitation.

Visitation rights for grandparents can be a difficult issue on which to make a quality determination. If you are a grandparent and are seeking proper visitation rights for your grandchildren, you need to employ a quality family law firm to ensure you get the best outcome possible.

Thanks to our friends and contributors from Hildebrand Law for their insight into grandparents rights and visitation.

$5.5 Million Awarded in Colorado Nursing Home Death

McKnight’s Long-Term Care News is reporting that the family of a Colorado nursing home resident who died in the facility has received a potentially record-breaking $5.5 million verdict.

According to the family’s complaint, 77-year-old Sophia Alcon endured numerous instances of neglect and abuse from the time of her admission into the Life Care Center of Pueblo in the City of Pueblo until she passed away in November of 2013. Her family filed a wrongful death lawsuit in January of 2015, alleging that the nursing home’s neglect led to unexplained bruising, bedsores, infections, malnutrition and eventually, her death.

Her son, George Alcon, first brought the case against the facility into the court. He was awarded $5 million in punitive damages, which are monetary awards designed to punish wrongdoing and discourage the same behavior from others, $500,000 in damages stemming from his mother’s death and $57,000 for economic damages due to the facility’s negligence.

As noted by McKnight, this verdict is believed to be a new record for a wrongful death claim against a nursing facility in the state. It was also reported that no witnesses or corporate representatives showed up at the trial on behalf of Life Care Center of Pueblo’s parent company, Life Care Centers of America Inc., and this may have been a factor when it came to the jury’s award.

The facility’s Executive Director, Keith Jackson, did make a statement to KOAA 5 News, saying that Life Care Center of Pueblo will appeal the ruling but cannot provide any information regarding the Alcon family’s lawsuit or other pending cases due to health privacy laws and the legal process (https://www.koaa.com/story/31988352/jury-awards-55-million-in-suit-against-pueblo-nursing-home). Jackson also reaffirmed the nursing home’s commitment to providing quality care to its residents.

Currently, there are two other wrongful death cases against the Life Care Center of Pueblo. One involves the death of Sophia LaCombe in 2014, and one is for the death of Dorothy Balch, who passed away in the facility around the same time as Sophia Alcon. The Alcon case is also the second nursing home facility lawsuit in Pueblo to end with a verdict of millions of dollars in the last few years. In 2014, an 82-year-old resident and his family received an award of $3.3 million from a jury who found the Belmont Lodge Health Care Center guilty of repeated negligence. This negligence reportedly led to the resident losing significant weight and experiencing urinary tract infections, skin loss, and bedsores.

Unfortunately, neglect and abuse in nursing home facilities are happening all across the country, as covered recently in a detail investigative report by CNN. The elderly in these types of facilities often suffer from physical and/or mental health conditions that make them more vulnerable to mistreatment, and facilities have covered up or ignored instances of abuse and neglect by staff in past cases reported by the media.

If someone you care about has been harmed by the actions of a nursing home facility, speak to an attorney today.

The Difference Between Nursing Home Negligence and Abuse

The long-term care industry is an essential part of the American healthcare industry. Many institutions within the long-term care industry are committed to providing compassionate care to elderly patients. There are some exceptions, however. Some organizations fail to provide a reasonable standard of care for their patients — many of whom could be very vulnerable, and all of whom deserve the utmost respect. Nursing home negligence and nursing home abuse are two types of personal injury cases that involve the exploitation of residents living in long-term care facilities.

Nursing Home Negligence 

Negligence is legally defined as the failure to perform some duty that is owed to another person. If someone is negligent, it doesn’t necessarily mean that they acted deliberately. It simply means that the individual failed to act in a reasonable way, and this failure led to another person’s injury.

In a nursing home environment, it could be easy for staff members to become distracted and fail to perform their regular duties to a reasonable standard. It’s possible for staff members to forget to provide the correct medication to patients or fail to pay attention to basic hygienic needs. The staff members in these situations might not be considered abusive because they did not intend physical or emotional harm to residents.

As a Phoenix nursing home negligence lawyer might explain, extreme cases of negligence could potentially be prosecuted as criminal charges. Depending on the jurisdiction where the act occurs, if an act of negligence is done in a manner that would suggest “willful disregard” for the safety of another, or is done “with reckless abandon,” such an act could be prosecuted in a criminal court.

Nursing Home Abuse

Abuse, on the other hand, implies some level of intent. This could mean the blatant intention of causing physical harm or it could mean clear indifference to the consequences of one’s actions. Nursing home abuse may be prosecuted in criminal court because it could be considered a criminal offense.

In a nursing home setting, abuse may manifest itself in many forms. Residents may be physically, sexually, and/or emotionally abused. They might be financially abused by someone who wants to take advantage of their vulnerability.

Some cases of elder abuse don’t involve the staff members of the long-term care facility; rather, a family member of the injured individual could be to blame. This may be particularly evident if a relative is attempting to take advantage of the elder’s financial situation.

Taking Action in a Nursing Home Negligence or Abuse Case

Given the circumstances of an abusive act, abuse can cross the divide separating the civil act of negligence and the criminal act of assault and battery.

In questions of the exposure to liability on the part of the employer, an act of negligence would be the easier charge to defend if it could be shown that the incident was not a part of multiple occurrences of the same act, or if the act could be demonstrated to have been an honest mistake.

If you suspect that your elderly relative is being abused in a nursing home facility — by a staff member, by another resident, or even by a family member — don’t hesitate to contact a personal injury lawyer today.

ASThanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into nursing home negligence.

Workers’ Compensation Claims for Degenerative Disc Disease

What is a degenerative disc disease?

Degenerative disc disease is something that many adults face as they get older. It’s a natural process of aging, but certain tasks can aggravate the symptoms and make the condition worse. Common symptoms of degenerative disc disease include pain and numbness throughout the back and neck — sometimes to the extent that it’s impossible for a person to perform basic daily tasks. It’s sometimes possible to treat the condition if the degenerative disc can be located and replaced, but this isn’t always possible.

Even though this condition may occur and advance on its own, research shows that certain injuries and stressful movements may exacerbate degenerative disc disease. These movements may include lifting heavy weights, making sudden movements, or simply putting the back and neck under stress for a long period of time.

Workplace Injuries and Degenerative Disc Disease

Minor workplace injuries can have very painful consequences for someone who suffers from degenerative disc disease. As an employee, you (or your employer) may be required to take certain preventative measures against injury if you know that you are at a high risk. However, employees suffering from degenerative disc disease may still be eligible to claim workers’ compensation payments if a work-related task causes or worsens a back injury.

Simple workplace activities and tasks that may cause a back injury could include:

  • Twisting while lifting objects that are too heavy
  • A fall when reaching out to an object that is placed high and out of reach
  • Being hit by a falling object
  • The jerking motion experienced when one trips, even without landing on the ground

A minor injury from one of the examples listed above can cause stress, wear, and tear on a degenerated disk. Over time, the damaged tissue may become very painful and the damage could worsen.

Are you entitled to compensation? 

With degenerative disk disease, it could be easy for the insurance company to claim that the disc degeneration is naturally occurring. However, an experienced workers’ compensation attorney may be able to help you make a successful claim with the aid of medical records. The main goal is to prove that your work injury led to the present condition.

If your job involves heavy lifting and making repeated movements, you may be more at risk for injury. If one occurs, your employer may be held liable for your damages. Regardless of whether you had a prior disc injury, if the degeneration was accelerated in a workplace accident, you should not be punished. Workers’ compensation covers both new and pre-existing injuries.

A workers’ compensation claim has a statute of limitations, the time frame for which differs by state. The most prudent thing to do is to get in touch with an experienced work injury attorney New York relies on who can start the claims process before the time expiration. We offer free case reviews to workers injured on the job. As a highly rated and respected legal firm with a focus on workers compensation cases, we encourage you to contact us today.

PSRThanks to our friends and contributors from Polsky, Shouldice & Rosen P.C. for their insight into workers compensation claims.