Bulging Disc Injury Claim

01/11/2021

What is a bulging disc injury?

‘Bulging disc’ refers to a part of a person’s spine. In the spine, there are a number of bones that interlock. These interlocking bones are called vertebrae. In between the vertebrae, there is shock absorbing cartilage called discs. These discs act as cushions between the vertebrae to absorb pressure in the spine. There are a total of 23 discs in the spinal column. When one of these discs , due to injury or wear and tear, starts protruding out of the vertebrae, is called a ‘bulging disc’.

A bulging disc may not initially cause a  person to experience any symptoms. However the more bulging a disc becomes, the more it may start to create pressure points on nearby nerves. This can cause a range of sensations in the body, including tingling, pain or difficulty walking. The discomfort can be very debilitating, and may affect a person’s ability to work or undertake day to day activities.

Other spinal disc injuries may be called a herniated disc or a slipped disc. Sometimes, the sciatic nerve can be aggravated by a bulging disc, causing symptoms of sciatica.

What causes a bulging disc injury?

There are a number of potential causes for a bulging disc injury. This can include genetic pre-disposition and poor general lower limb strength. However disc injury can also be caused by poor posture, repetition of work that involved bending, twisting or lifting, and vehicle accidents.

It is not uncommon for a person to develop a bulging disc through the course of their work duties or from a motor vehicle accident. In these situations, its important to access your entitlements to financial assistance for time off work and for medical and like expenses. You can do so by lodging an application form with WorkCover or the Transport Accident Commissions (TAC).

Bulging disc injuries can also arise through falls, slips and trips in public places. 

What is the average compensation payout for bulging discs?

Through the WorkCover and TAC statutory schemes, you are entitled to weekly payments to assist while you are unable to go to work. You are also entitled to financial assistance for medical expenses that may arise in treating your bulging disc injury. You must make an application to WorkCover or the TAC in order to access this financial assistance. Your GP should be able to assist the medical aspects of your application form. In order to access this financial assistance, it must be accepted that your bulging disc injury arose in the course of your work or from a motor vehicle accident.

If the work or road injury is permanent, a person may be entitled to a lump sum impairment. The amount depends on the severity of the bulging disc injury. Our lawyers can advise you about the likely amount of a lump sum impairment benefit in your circumstances.

If the permanent injury has been caused due to an employer’s failure to exercise reasonable care, by fault of another driver on the road or due to unsafe public premises, a person may entitled to a common law claim for damages. This claim can be quite significant, and seeks damages for past and future loss of earnings, medical and general care needs, as well as general damages for pain and suffering. If you have a serious bulging disc injury, we can advise you about the likely amount of a common law damages claim.

Having a permanent spinal cord injury can be distressing, and you may have significant anxiety about your future financial security. We can assist you with your claim to ensure peace of mind for yourself and your family.

How long does it take to settle a medical injury claim?

The time it takes to settle an injury claim can vary greatly, depending on a number of factors. The process from enquiry to settlement typically takes around a year to 18 months.

It’s important to start a claim as soon as possible, as time limits apply to common law claims. A typical injury claim including for road injuries must be filed with the court within 3 years of the injured person discovering their potential right to compensation. For worker’s compensation claims, a claim must be filed within 6 years of the injured person discovering their right to compensation.

Where can I find the best lawyers near me?

Gordon Legal assists clients from all across Victoria. You can be assured that by contacting Gordon Legal with your bulging disc injury enquiry, you will be afforded the very best of advice and care.

 

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