In Pennsylvania, a worker that suffers a work accident to his low back or neck may be diagnosed with a herniated disc.  For many workers in Easton, Bethlehem, or Allentown, Pennsyvlania, the end of the work day means a sore back.   The worker generally goes to his/her home and gets rest and is able to continue work the next day with minor discomfort.  However, a worker who suffers a herniated disc generally experiences a worsening of low back or neck pain as the days go on and eventually is required to seek medical attention.

For most workers, the words, “herniated disc” is a medical term that they heard other workers mutter, but do not truly understand the basic medical condition.  An excellant website for injured workers is . The website contains excellant animations which are easy to follow is http://www.spine-health.com/.

For an injured worker, it is important to understand the function of a disc. A vertebral disc is both a “spacer” and a “cushion” for the vertebreal bodies. Basically, every worker has vertebrea (back bones) which are fit together like a puzzle. Between each bone, the disc acts as a spacer which allows the nerve roots to exit the spinal column and travel to the rest of the body (including the workers arms and legs). The disc itself has two main components, a nucleus and an annular fibrosis. I often tell injured workers to think of it as a jelly donut. Doctors often say the consistency of the disc is similar to crab meat. When a disc breaks (or herniates), it loses its ability to act as a spacer, which in turn causes pressure on the exiting nerve roots. This pressure on the nerve roots causes severe pain. For the injured worker, this type of pain is not like anything he or she has experienced in the past. For a herniated disc in the neck, the injured worker generally experiences a shooting pain down one or both arms. For a herniated disc in the low back, the injured worker generally experiences pain down one or both legs. This shooting pain or sensation is called “radiculopathy”.As an injured worker, it is critical that you request an MRI from your treating doctor. An MRI is an excellant test to determine the presence of a herniated disc. X-rays or Ct-Scans do not clearly show the discs since the disc is not made of bone (discs are only made of soft tissues). Once an MRI confirms a herniated disc, the injured worker should immediately seek the help of an orthopedist. An Orthopedist is a doctor who specializes in bone, muslce, and tendon injuries and will be able to properly treat the injury.In summary, an injured worker in Easton, Bethlehem, or Allentown should perform his or her own research on their injuries to become better educated on the medical terminology. Too often an injured worker is required to become more involved in the medical aspects of their case to get medical care approved by the insurance companies.

THE FOREGOING IS A GENERAL DISCUSSION ON MEDICAL TERMINOLOGY AND LEGAL ASPECTS OF A COMPENSATION INJURY. SHOULD YOU HAVE A SPECIFIC MEDICAL QUESTION, PLEAES CONSULT A PHYSICIAN. SHOULD YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AT (610) 258-5995 OR (908) 454-3200.

 As many people know, there are two different options under the typical New Jersey automobile insurance policy which affect your right to sue a negligent driver who causes a motor vehicle accident resulting in pain, suffering and disability to yourself or a family member.

The “no limitation on lawsuit threshold” allows you or any resident family member covered under your policy to sue a negligent driver for any kind of injuries, whether serious or minor.  By having selected the “no limitation on lawsuit threshold” option under your insurance policy, you basically have incurred slightly higher premiums in exchange for the unlimited right to sue a negligent driver.  However, unless you affirmatively select this option, your insurance company or agent will give you the “limitation on lawsuit threshold” option, perhaps without even discussing this selection with you.

While the “limitation on lawsuit threshold” option may save you a few premium dollars, you will not be able to successfully prosecute a civil lawsuit against a negligent driver for pain, suffering and disability unless one of the following types of injuries are sustained in the motor vehicle accident: death; dismemberment; loss of a fetus; significant disfigurement or scarring; displaced fractures; permanent injury (defined as an injury that has not healed to function normally and will not heal to function normally with further medical treatment).

The “limitation on lawsuit threshold” is designed to eliminate the typical “whiplash” or sore neck/sore back claims by requiring that a doctor certify in writing, based upon proper diagnostics, that a soft tissue injury or simple fracture is permanent in nature and will not heal to function normally with further medical treatment.

The problem with selecting the “limitation on lawsuit threshold” or simply not making a selection under your policy and automatically being given the “limitation on lawsuit threshold” is that you or your loved ones could sustain injuries which are quite serious and painful, yet not meet the strict legal test of being permanent in nature.  Accordingly, in addition to having sufficient liability insurance coverage and uninsured/underinsured motorists coverage (we recommend at least $500,000 for each), you should select that “no limitation on lawsuit threshold” option so that you and your family members retain the right to sue for pain, suffering and disability, even if the injuries are not permanent in nature and the other categories of injury are not met.

By:  Anthony Renaldo, Esq. 

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