The Impact of Epidural Steroid Injections on Personal Injury and Workers Compensation Settlements: Understanding the Financial Implications

 

Many motor vehicle crashes and work accidents result in neck and back injuries that cause or contribute to herniated discs and other cervical, thoracic, and lumbar spine impairments, such as stenosis, spondylolysis, and sciatica. These medical conditions inflame and irritate the spinal nerve roots, which may cause problems with your hands, feet, legs, knees, arms, and shoulders.

 

Due to the number of people suffering from these specific injuries, calculating a reasonable auto accident or workers compensation settlement amount in many cases requires knowledge of common treatment modalities for disc herniations and related spine conditions and their costs.

 

Epidural steroid injections (ESIs) are a standard medical procedure to alleviate pain, promote healing, and reduce inflammation from herniated discs and degenerative disc disease at all spinal cord levels. These steroid injections may improve your range of motion and quality of life so you can return to some form of light-duty work and perform daily living activities independently.

 

But ESIs are expensive.

 

And you may need several series of multiple steroid injections to address pain flare-ups over the rest of your life.

 

This article explains how epidural steroid injections for herniated discs and other spinal cord conditions affect the settlement payouts in car wreck and workers comp cases.

 

After reading this article, you should better understand when and why doctors prescribe epidural steroid injections, where these procedures fit in the treatment progression for disc herniations, and how much epidural steroid injections may increase the settlement figure, jury verdict, or workers compensation benefits awarded.

 

Keep reading to learn more.

 

Then call us at 804-251-1620 or 757-810-5614 for a free consultation with a top-rated personal injury attorney for auto accident victims and injured workers.

 

Dealing with the aftermath of a car crash or a workplace accident is often a double struggle: recovering from physical injuries and seeking fair damages for your losses.

 

But you do not have to overcome these struggles alone. We can help.

 

 

What is the Recommended Treatment for a Herniated Disc?

 

You have several options to treat a herniated disc depending on its severity, your symptoms, and whether the disc herniation impinges on a spinal cord nerve root (and which one). 

 

Conservative Treatment

 

Initially your doctor will recommend conservative (nonsurgical) treatment for the disc herniation unless you have neurological symptoms requiring surgical intervention, such as loss of bladder and bowel control.

 

Conservative treatment may include the following:

 

  • Bedrest (but not more than two or three days)

 

  • Position changes (sitting/standing/laying as needed)

 

  • Avoiding lifting more than ten pounds or prolonged standing or walking

 

 

  • Physical therapy (including massage, ice and heat therapy, stretching, ultrasound, etc.)

 

 

These treatments aim to decrease the inflammation in your back and spine.

 

Epidural Steroid Injections

 

The doctor may prescribe epidural steroid injections if conservative treatment does not resolve your neck or back pain.

 

These injections are often the last effort to avoid surgery for a herniated disc.

 

We discuss ESIs more in later sections.

 

Surgery

 

Spine surgery is the final treatment option if conservative care and steroid injections fail to heal you and the symptoms are unbearable.

 

Surgery for herniated discs ranges from minimally invasive lumbar discectomy to multi-level spinal fusion.

 

The Basics: Epidural Steroid Injections Explained

 

You might experience significant inflammation when a car accident, fall, or workplace incident causes, aggravates, exacerbates, accelerates, or flares a herniated disc or irritates a nerve. 

 

This inflammation often leads to pain, reduced function, and difficulty performing everyday activities.

 

One of the standard methods used in the medical field to address these issues is the administration of steroid injections. But what exactly are these injections, and why are they often recommended?

 

Steroid injections, also known as corticosteroid injections, are medical procedures where a doctor (usually an orthopedic surgeon or a physiatrist) injects a combination of corticosteroids and a local anesthetic directly into an area of the spine to reduce swelling and pressure on nerves affected by the herniated disc. The medical provider typically uses diagnostic imaging such as X-rays to ensure the shot goes in the correct location. 

 

The main component, corticosteroids, are synthetic (manufactured) drugs that closely resemble cortisol, a hormone naturally produced by your adrenal glands. They are powerful anti-inflammatory agents that can reduce swelling, pain, and discomfort in the soft tissues and calm your immune system. Common examples of the steroids used include methylprednisolone, hydrocortisone, and triamcinolone.

 

What are the Three Types of Epidurals?

 

The three most frequently used steroid shots are:

 

Caudal Epidural Steroid Injections

 

Your doctor may suggest a caudal epidural steroid injection if you have widespread pain radiating to the legs from the base of your spine. This shot is given in the lower back or below the lumbar spine.

 

Interlaminar Epidural Steroid Injections

 

These shots you receive between the laminar of two vertebrae anywhere in the spine help treat pain due to stenosis and disc herniations.

 

Transforaminal Epidural Steroid Injections

 

This injection enters the epidural space between your spine and spinal cord, where the nerve roots exit.

 

This shot can help when your doctor has determined which nerve roots are causing your pain, numbness, or tingling.

 

How Long Does It Take for an Epidural Steroid Shot to Help a Herniated Disc?

 

Epidural steroid injections do not help everyone.

 

And relief may come slowly to those they help.

 

For example, you may experience the same pain level for one to seven days after the ESI.

 

Indeed, you may feel worse after an epidural steroid injection.

 

Injecting fluid increases pressure in the area where spinal nerves are already inflamed, causing more irritation temporarily.

 

But you may get relief once this additional inflammation dies down.

 

How Long Does It Take for an Epidural Steroid Injection to Wear Off?

 

Epidural steroid injections often relieve pain for several months when they are effective (one to three months or more).

 

Is There a Limit to How Many Steroid Injections You Can Get?

 

Yes.

 

If the injection works and relieves pain, your medical provider may recommend repeat injections.

 

However, there is a limit to the number of steroid shots your doctor will prescribe due to evidence that too many injections cause tissue damage.

 

Usually, you must wait at least three months between injections.

 

In addition, many healthcare providers recommend up to four injections maximum in the same part of the body per calendar year.

 

What are the Potential Side Effects of ESIs? 

 

While epidural steroid injections benefit many car accident and occupational injury victims, they come with certain risks.

 

For example, you may have one or more of these side effects from the injections

 

  • Allergic reaction

 

  • Anxiety

 

  • Bleeding

 

  • Bruising

 

  • Cartilage damage

 

  • Increased blood pressure

 

  • Insomnia

 

  • Joint infection

 

  • Necrosis (death of soft tissue or bone)

 

  • Nerve damage

 

  • Pain and discomfort at the injection site

 

  • Paralysis

 

  • Soreness

 

  • Steroid flush (characterized by warm and increased temperature in the face, torso, or other body parts)

 

  • Tendon rupture

 

How Much Do Epidural Steroid Injections Cost?

 

Like most medical procedures, the cost of an epidural steroid injection varies by geographic location and healthcare facility.

 

In our experience, one epidural steroid injection costs from $500 to $1750.

 

Because you will likely receive a series of at least three to four shots if you get relief from the first one, a prescription for epidural steroid injections may cost $500 to $7000 or more.

 

The Impact of Medical Treatment on Workers Compensation and Personal Injury Settlements

 

In workers comp and personal injury cases, one crucial element that significantly influences the settlement amount is the extent and type of medical treatment you receive, including future medical needs. Understanding how these treatments factor into the legal process can provide clarity for those seeking compensation after an accident.

 

First, medical treatments are a tangible measure of the injuries sustained and your disability if the insurance company disputes these claim elements.

 

The medical records, including diagnosis, treatment plans, actual procedures performed, medications prescribed, and any recommendations for future care, are critical evidence. They not only validate the reality of your injury and permanent partial disability but also illustrate the severity of the impact on your life and the types of work you can do. These records are integral in proving the need for compensation to cover these costs, as they are direct consequences of the accident incurred.

 

Additionally, the nature of the treatment can substantially influence the settlement amount. Extensive or ongoing treatments, such as repeated injections, long-term prescription medication, or surgeries, indicate severe injuries and consequently support higher settlement demands. This is to cover immediate costs and future medical expenses, as ongoing issues might require continuous care, potentially leading to accumulating bills and financial strain on the injured party.

 

Plus, you can recover money for “pain and suffering” damages in personal injury cases (unfortunately, workers comp does not pay for these damages).

 

Unlike medical bills, which are easy to calculate, pain and suffering are non-economic damages.

 

Factors that contribute to the calculation include the intensity of the pain, the prognosis for a full recovery, the potential for ongoing discomfort, and how the injuries have affected and will affect your quality of life.

 

Extensive treatments like epidural steroid injections, particularly if needed regularly, add to this category because they can be evidence of severe pain or chronic conditions, thereby increasing the “price” of your pain and suffering.

 

Does Workers Compensation Pay for Epidural Steroid Injections?

 

Yes.

 

Your employer should pay for cervical or lumbar epidural steroid injections if the Workers Compensation Commission has entered an Award Order or the parties have stipulated the treatment.

 

However, your employers and its workers comp insurer (Travelers, Liberty Mutual, etc.) or claims administrator (Sedgwick, Gallagher Bassett, etc.) may deny the steroid shots, even if you have an Award Order and your authorized treating physician prescribed the injections.

 

Often this denial is based on the opinion of an independent medical examiner (IME) hired by the defendants to weaken your claim.

 

Fortunately, you do not have to accept this medical treatment denial. Instead, you can submit a change-in-condition application seeking the authorization and payment of the epidural steroid injections.

 

You will win the claim for these shots if you:

 

(a) Prove eligibility for workers compensation (i.e., you show you suffered an injury by accident arising out of and in the course of your employment) and

 

(b) Provide hearing testimony and medical evidence, such as disability letters from doctors, that persuades the Workers Compensation Commission that the epidural injections are reasonable, necessary, and causally related to your compensable injury or compensable consequence condition.

 

How Steroid Injections Increase Settlement Values

 

Steroid injections stand out in medical treatment for work injury and auto accident cases, holding substantial sway over the settlement figures. This influence comes from their role in the treatment of herniated discs, often signifying a serious condition necessitating invasive and often repeated intervention.

 

Steroid injections are not a first-line treatment. Instead, doctors recommend them when other treatment has failed.

 

These injections, administered directly into the affected area, deliver powerful anti-inflammatory medication to alleviate persistent pain and inflammation.

 

These shots are commonly associated with significant injuries where pain and mobility issues continue despite other medical interventions. Consequently, the need for steroid injections underscores the severity of the injury, highlighting a deeper level of suffering and disability and a more prolonged recovery process.

 

Insurers recognize this seriousness.

 

For instance, consider a worker who sustained a back injury on the job. If physical therapy, standard painkillers, or other conservative methods fail to improve their condition, the doctor might recommend steroid injections. This step indicates that the injury is severe enough to require more than just a basic level of care and may miss time from work, escalating the perceived intensity and the claim’s cost.

 

In addition, ESIs affect the settlement value of workers comp and personal injury cases even when they do not help.

 

For example, one of two things will likely happen when steroid shots do not work.

 

First, your doctor may declare that you have reached maximum medical improvement (MMI) for the disc herniation and refer you for a functional capacity evaluation (FCE) to determine permanent restrictions and an impairment rating for the legs or arms.

 

Second, the doctor may schedule a surgical consultation to decide if you need an operation, increasing the claim’s value and the likelihood of permanent disability.

 

In either scenario, the presence of steroid injections in a medical treatment plan becomes a notable point of negotiation in settlement discussions or trial presentations. Needing or having ESIs can convince a jury, judge, or insurance adjuster that you deserve more money for the accident injuries.

 

What are the Settlement Ranges for Epidural Steroid Injection Claims? 

 

Most of our settlements in herniated disc cases involving steroid injections range from $40,000 to $350,000 (when the injured person does not have spine surgery). 

 

As you can see, this range is wide. 

 

Many variables affect where your epidural steroid injection case ends up. 

 

Claiming What’s Yours When Herniated Discs Require Epidural Steroid Injections: Hire a Disc Injury Attorney in Virginia

 

Obtaining a fair recovery in tort claims, which includes civil actions for bodily injuries and workers compensation cases, is no simple journey, especially when your recovery involves medical procedures like steroid injections. These treatments can significantly influence your settlement amounts, emphasizing the necessity for a knowledgeable guide through the legal terrain.

 

Here’s where a skilled attorney’s expertise benefits you in negotiating a herniated disc settlement when you require epidural steroid injections.

 

Our law firm understands how to turn your medical treatment into an argument and presentation that scares the insurance adjuster into compensating you fairly.

 

If you have undergone steroid injections or other extensive medical treatments due to an injury, don’t navigate these troubled waters alone. Seek out the skills of a personal injury attorney right here in Virginia. In addition, our colleagues handle cases in Maryland.

 

You do not have to walk this journey to justice alone.

 

Contact us now. It’s more than just making a call; it’s choosing to arm yourself with a dedicated ally in your pursuit of fairness and compensation.

Corey Pollard
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