A herniated disc is so painful, and it’s very debilitating. If you’re suffering from it, you don’t need to be told that. You’re living it. If you were hurt on the job, your herniated disc is covered by the California workers’ comp system. Jobs that involve a lot of heavy lifting are a common cause of herniated discs, and these injuries can happen over time.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys can help you make a herniated disc claim and seek the benefits you are owed.
How Herniated Disc Injuries Happen at Work
Your spine is made up of individual vertebrae. In between them are little discs that act kind of like cushions. If a disc tears or ruptures, this can press on nearby nerves. This is both painful and can cause mobility issues.
Common symptoms include:
- Sharp or radiating back pain
- Numbness
- Tingling in the legs or arms
- Muscle weakness
- Difficulty standing
- Trouble walking
- Issues with lifting
- Pain that worsens with movement
Herniated discs can occur in several ways:
Acute Lifting Injuries
A single heavy lift or awkward movement can cause a disc to bulge or rupture. This is common in:
- Warehouse work
- Construction
- Delivery and logistics
- Nursing and caregiving
- Manufacturing
- Landscaping
Cumulative Trauma
A lot of workers get these injuries because of repetitive strain. Repeated heavy lifting, bending, or even twisting can cause the disc to herniate.
Are Herniated Discs Covered by California Workers’ Compensation?
Yes. California workers’ compensation covers herniated discs when work activities contribute to the injury. This includes:
- Lumbar (lower back) herniations
- Cervical (neck) herniations
- Bulging discs
- Sciatica caused by nerve compression
- Aggravation of pre-existing back conditions
What Benefits Are Available for a Herniated Disc?
You could be owed several different benefits from your injury.
Medical Treatment
Workers’ comp must cover all reasonable and necessary medical care, including:
- MRIs, X-rays, and diagnostic testing
- Physical therapy
- Chiropractic care
- Pain management
- Epidural steroid injections
- Surgery
- Post-surgical rehabilitation
- Medications
There are no deductibles or co-pays.
Temporary Disability Benefits
If your doctor determines that you’re unable to work, or that you can only work under restrictions your employer cannot meet, you may qualify for temporary disability benefits. These payments help replace a portion of your lost income while you recover.
Permanent Disability Benefits
If your back does not fully heal, you may receive permanent disability compensation. The amount depends on:
- The severity of your impairment
- Your age
- Medical evaluations
- Your occupation
Supplemental Job Displacement Benefit (SJDB)
If your employer cannot offer modified or alternative work after you reach maximum medical improvement, you may qualify for a voucher to help pay for retraining or education.
Potential Settlements
Most herniated disc claims resolve through:
- Stipulated Award (ongoing medical care remains open)
- Compromise & Release (lump-sum settlement that closes medical care)
Back injuries often involve long-term treatment, so how you settle should be considered with your attorney.
Common Challenges in Herniated Disc Claims
Insurance companies frequently dispute back injury claims because herniated discs can be both degenerative and work-related. They may argue:
- The injury is due to aging
- The disc herniation existed before the job
- The injury happened outside of work
- The worker didn’t report symptoms in time
- The job did not involve activities that would cause this injury
Strong medical evidence, especially MRI results and detailed job descriptions, is essential for proving work-related causation.
What to Do If You Suspect a Work-Related Herniated Disc
To protect your claim:
- Report the injury immediately, even if symptoms developed gradually.
- Request and complete a DWC-1 claim form.
- Seek medical treatment through your employer’s designated provider unless you predesignate your own doctor.
- Describe your job duties accurately.
- Follow all medical instructions and attend appointments.
- Document your symptoms and how they affect your work.
Early reporting and consistent medical documentation make a significant difference in back injury cases.
Hire an Experienced California Workers’ Comp Attorney for Your Herniated Disc Claim
A herniated disc is likely to affect your life in many ways. When the injury is caused by your work, you should be getting the benefits you’re owed. If the insurance company or your employer tries to deny or limit your claim, we’re here to help.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.