Burdine & Brown
Cervical Spine Injuries
A number of my clients have been diagnosed with cervical radiculopathy. This is commonly known as neck pain.
Yet this type of pain is worse when it travels down a person's shoulder, into the arm and into the fingers. This is usually caused by a herniated disc that pinches the nerve root that travels down the arm.
My “older” clients (ages 55-60) who are still working hard in labor intensive jobs become the victims of a myth perpetuated on them by their employers or the insurance adjuster. They are told after they sustained a neck injury on the job that the injury was caused by “old age”, by a degenerative disc condition NOT related to their duties at work. Many people believe this myth and instead file this type of injury claim under their group insurance to get treatment and hopefully return to work.
But soon the statute of limitations creeps up on them and they are barred from later filing a workers' compensation claim when the truth comes out about the origin of their neck injury.
Aggravation of a pre-existing condition is a clear on the job injury. At least it is clear in my way of thinking. If you have NOT had pre-injury medical treatment for your neck pain and then your job produced neck pain, you need to file a workers' compensation claim, especially if an MRI shows a herniated or severely bulged disc. You will regret it if you do not do so because your employer will terminate your employment before you can file a claim!