03 DecHow Work Related Slipped Disc Injuries Lead To Compensation Claims

Discs are circular cushions made up of cartilage, connective soft tissues and a jelly-like inner core. The essential role of discs is to provide buffers between vertebrae in the spine, providing them with protection and stability, while allowing flexibility in the back as a whole. A slipped disc (also known as a herniated, prolapsed or ruptured disc) is a condition where the outer shell has been weakened sufficiently to allow the soft inner core to bulge through. The condition can often go unnoticed initially, as pain will only be experienced when the protuberance touches and presses on the sciatic nerve, and other nerves around the spine. Severe pain may then be felt in the back, and shooting pains in areas of the body controlled by the spinal nerves, such as the legs and arms. Slipped disc injuries normally affect the lumbar region of the lower back, though they may also develop in the upper back and neck. While the vast majority of people make a full recovery from a slipped disc injury, others may sustain irreversible damage to the spine, with a host of life-long consequences.

Slipped disc injuries at work most often affect men aged between 30 and 50 working in jobs involving heavy lifting or repetitive movements that strain the back. Other contributory factors to slipped disc injures include smoking, obesity, and progressive weakness in the discs due to advancing age. Any intense pressure exerted on the spine may cause a disc to rupture, especially where the pressure is uneven or the spine is in a contorted position. A prime example of this would be lifting a heavy weight in the workplace while simultaneously twisting the body to deposit the load. Bending while lifting is also potentially dangerous, as gaps open up in the vertebrae and discs may be squeezed causing them to rupture. Those whose working conditions are mostly sedentary, such as long distance drivers and computer programmers also face a higher than average risk of sustaining a slipped disc. The hunched posture that such workers are forced to adopt for lengthy periods of time forces the spine into a state of prolonged contortion. Vibrations from vehicle engines may also contribute to the strain being placed on the spine.

Slipped discs may develop from one traumatic event, or from a gradual deterioration in the discs over time. Apart from lifting heavy weights and performing repetitive tasks, falls from heights, slips, trips and vibrations from work equipment may also cause a disc to rupture. The most important responsibility of employers is to avoid manual lifting at work except where it is strictly necessary. When this is the case a task should be risk assessed, especially to ensure an individual worker does not exceed the legal limit for lifting weights, and training in safe lifting techniques must be provided. The ergonomics of work stations should also be considered by management to ensure that staff maintain a healthy posture while seated. They should also be allowed regular breaks; at least every hour in the case of computer-based workers. Employers have a duty of care to eliminate risks which may cause injuries to their employees as far as reasonably possible. Where a slipped disc has been caused by working conditions, through no fault of the injured person, a compensation claim may be brought against the employer.

A slipped disc can be an intensely painful injury, and one involving loss of mobility and a lengthy spell of time off work. In the most severe cases, damage to the spine may lead to ongoing muscle spasms, the onset of paralysis in affected limbs, and side-effects including loss of bladder control. The highest compensation awards will reflect long-term loss of earnings, the severity of an injury, and the extent of the disability it has caused. A slipped disc requiring laminectomy (a spinal operation to remove a portion of the vertebral bone), or resulting in repeated relapses will generally lead to awards of between 8,000 and 17,750. Where a full recovery (or recovery to ‘nuisance level’) from a slipped disc is made within 5 years, compensation awards will range between 5,000 and 8,000, while recovery within 2 years will lead to awards of up to 5,000.

28 FebWhat is better for muscle pain treatment: massage or Skelaxin?

We have to start with a slight problem of definition. The practice of massage varies significantly between different cultures. In some countries, it is not considered a part of medicine but serves a more social purpose, designed to improve mood and help people relax. In other countries, massage is fully integrated into the healthcare service as one of the many possible processes of physical therapy. In the US, massage would be considered a complementary or alternative medical treatment, i.e. it serves as a back-up to conventional medicine. Thus, when combined with other treatments, massage therapy helps to improve the mobility of joints, reduce swelling, ease muscle spasms and reduce pain. In accepting massage, the US medical profession is recognizing patients can get the best of both worlds: the healing powers of Western science and the more spiritual and relaxing powers of Eastern wellness. Massage is therefore increasingly made available to treat both physical conditions causing neck and back pain, nerve pain, etc., and also mental disorders such as anxiety, stress-related insomnia, etc.

In accepting massage in its hospitals, the US healthcare service is opening itself to the increasing body of scientific evidence showing massage as an effective treatment. Until a few years ago, the medical profession resisted holding clinical trials to test “alternative” remedies. Such studies as existed in other countries were treated with some contempt. Massage was nothing more that an indulgence in high-priced spas. Now the manipulation of the soft tissues by a skilled therapist is acknowledged to reduce physical pain, relieve stress and bring down blood pressure. The methods differ depending on the purpose of the treatment. In general, the therapist will press, manipulate and rub the relevant parts of the body. Most techniques rely on the use of the hands and fingers, but others use the forearm, elbow and, in a few cases, the feet. The pressure may be light and involve gentle stroking. Or it can involve the use of significant pressure to knead and reach down to deep layers of muscle.

If you are experiencing muscle spasms, i.e. an involuntary contraction like cramp that persists, the combination of massage therapy and the use of a muscle relaxant like skelaxin has been found particularly effective. This most commonly occurs in the back, buttocks and legs. It may be from a physical cause such as a herniated disk or sciatica with pain radiating from the nerve. The manipulation of the disk can rapidly reduce pain and improve mobility. As the more acute symptoms are relieved, the drug will ease the problems in the muscles and reduce the risk of further spasms. In the case of sciatica, more aggressive treatment may be required in the use of steroids or, if the pain does not subside, surgery. But, in all this, the therapist will be able to guide you through the process of relieving the acute symptoms and planning a rehabilitation regime to reduce the risk of the problems recurring. At this time, it is most useful if your doctor and the therapist work as a team. That gives you the best advice on the use of prescription painkillers and drugs like skelaxin, while receiving comprehensive physical therapy. It delays treatment and can lead to misunderstandings if you constantly have to move between different hospital or clinic departments.

26 FebClaiming Compensation For Back Pain

Back pain affects nearly everyone at some point during their lives to a greater or lesser degree. It is the principle cause of time off work generally, and also accounts for the majority of the long-term unemployed who claim incapacity benefit. The back is a complicated structure consisting of bones and soft tissues which together protect the spinal cord – the essential connection and transmitter of impulses or ‘messages’ between the brain and the body. The back controls all physical movement in the body, and severe back pain is therefore often completely incapacitating. In the majority of cases back pain is not a symptom of any serious damage or permanent condition; it is normally the result of a minor strain or sprain which clears up in a matter of days. Where back pain is acute (lasting more than a few days) or chronic (lasting over three months), the effects are more tangible on an individual’s day-to-day and working life. Apart from pain and suffering these may include loss of earnings and ongoing medical expenses. Where back pain in these circumstances has been caused by the negligence of an employer an injured person should take specialist legal advice and consider seeking compensation for the effects that the back pain has had on them.

Back pain at work is usually the result of lifting heavy weights or adopting prolonged stress positions which place strain on the spine. Pain may develop over time from the performance of repetitive tasks, or may occur immediately following the lifting of an excessive weight or an accident such as a fall from height. It is estimated that around three quarters of workers with jobs involving manual handling sustain back pain that requires a trip to the doctor at some point in their careers. Constant pressure from employers to maximise productivity and output undoubtedly contributes to this trend. Various pieces of legislation aim to minimise the risks of back pain and back injuries among workers. The most important general rules are embodied in the Manual Handling Operations Regulations 1992 which requires employers to risk assess all manual handling tasks, and generally to avoid them if a suitable alternative exists (such as mechanised lifting). It imposes legal limits as to weights which male and female workers may lift, depending on the distance of the object being lifted from the body. It further requires that employees are fully trained in how to lift and carry heavy objects safely.

Compensation awards for back injuries vary enormously depending on the severity of an injured person’s condition. Awards are normally made up of two parts; general damages, which seek to compensate a person for pain and suffering caused by their injury, and special damages, which aim to restore a person to the financial state they were in prior to their injury, or that which they would have been in had the injury not occurred. General damages for a strain or sprain which heals fully within about two years are unlikely to exceed 5,000. Moderate back injuries, where some sort of permanent residual disability exists along with the possibility of future complications will lead to awards of between 17,750 and 24,750. At the other end of the scale, compensation for serious back injuries depends both on the level of disability caused, and the side-effects resulting from the disability. These may include sexual difficulties, loss of control of bodily functions, and the need for future surgery. Awards may exceed 100,000 in such cases, and will rise far higher where total or partial paralysis is involved.

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