Workers Compensation for Neck Injuries and Cervical Spine Conditions
How to Calculate a Fair Workers Comp Settlement Amount for a Neck Injury and Increase Your Case’s Value
Neck pain is one of the leading causes of time missed from work. It can be devastating and life-altering.
Each year tens of thousands of workers suffer a neck injury on the job. These neck injuries range from relatively minor cervical strains and sprains that resolve fully in a few weeks or months to injuries resulting in cervical radiculopathy and requiring surgical intervention, chronic pain management, and a change in careers – if you’re able to return to work at all.
If you are one of these workers that have suffered a neck injury causing cervical spine problems and limiting your ability to earn a living, you are in the right place.
This article discusses work-related neck injuries and cervical spine conditions and explains the factors I consider when calculating a fair workers comp settlement amount for neck injury claims. I hope you use this information to get every type of workers compensation benefit you’re owed, including a lump sum settlement that provides financial security to you and your family.
If you have questions about workers compensation in Virginia or are looking for a top-rated work injury attorney, call me: (804) 251-1620 or (757) 810-5614. See why my peers voted me one of the best personal injury lawyers for workers – and what results I can get for you.
Anatomy of the Neck and Cervical Spine
The neck connects your head to your torso and helps mobilize and move your head.
Because of its location, important structures from most major organ systems pass through the neck, including structures from the digestive, endocrine, neurological, respiratory, and vascular systems.
Let’s take a closer look at the parts of your body found within the neck region.
Cervical Spine (Vertebral Compartment)
The cervical spine is one of the most mobile parts of the skeleton and has four primary functions:
- To support your head
- To protect the spinal cord, nerve roots, and vertebral arteries within it from injury.
- To help the skull to move in each direction.
- To allow many muscles and ligaments to attach.
The neck holds seven cervical vertebrae (numbered C1 – C7) that are part of your spinal cord. The upper cervical spine includes the C1 (atlas) and C2 (axis) vertebrae, while the lower cervical spine has C3-C7.
The neck muscles and ligaments (bands of fibrous tissue) connect the vertebral bodies.
There are intra-vertebral discs between cervical vertebrae, except for C1 and C2, and an additional disc between C7 and T1. These discs absorb shock and assist with movement and flexibility.
Nerves exit the spinal cord and column at each cervical spine level (C1-2, C2-3, C3-4, C4-5, C5-6, C6-7, C7-T1). The nerves exit through a structure called the neuroforamina.
Neck Muscles
Several muscles support your neck, attaching to the skull, clavicles, sternum, and hyoid bone.
The sternocleidomastoid muscle attaches from the jaw to the breast bone in the front of the neck and provides substantial support. It helps your head tilt and rotate from side to side.
Other muscles on the front (anterior) of the neck include the digastric, geniohyoid, mylohyoid, omohyoid, sternothyroid, thyrohyoid, and stylohyoid muscles. These muscles help with swallowing and other vital tasks.
Posteriorly (on the back), several muscles work together to keep the neck and head upright. These muscles include the trapezius, which connects the neck and shoulder, and helps you shrug. There are also the levator scapulae, splenius capitus, posterior scalenes, and semisplenalis capitus muscles.
Ligaments of the Neck and Cervical Spine
There are ligaments at each vertebral level that stabilize the cervical spine. These include the:
- Alar ligament
- Anterior longitudinal ligament
- Atlantoaxial ligament
- Ligamentum nuchae
- Posterior longitudinal ligament
- Transverse ligament
- And more
Blood Vessels and Other Important Structures
There are several major blood vessels in the neck, including the carotid artery and jugular vein.
There are also other vital structures in the neck, such as the thyroid gland, trachea, and esophagus.
Though most neck injuries and cervical sprains do not result in complications involving the blood vessels, trachea, or thyroid gland, a catastrophic accident may.
What are Common Causes of Neck Injuries?
Your neck is flexible and holds your head up. These features make the neck vulnerable to injury by a range of activities.
Common causes of neck injuries on the job include:
- Car Accidents: Many employees travel for work or have to drive as part of their job duties. I have represented home health care aides, truckers, delivery drivers, and salespeople who suffered whiplash, fractured cervical vertebrae, and pinched nerves in a motor vehicle crash on the job.
- Slip and Falls: Poor lighting, debris, wet floors, broken stairs, and other flooring problems can cause a trip and fall or slip and fall accident. You may suffer a neck injury when you strike the floor.
- Heavy Lifting or Overexertion: If your job requires you to push, pull, carry, or lift objects weighing more than 20 lbs, you are at risk of hurting your neck on the job. Lifting injuries are common among warehouse workers for Amazon, Target, Wal-Mart, Kroger, Food Lion and other facilities, flight attendants for American Airlines, United Airlines, and Delta, and delivery drivers for UPS, FedEx, and other companies.
- Falling Objects: I have represented order pickers, forklift drivers, and other employees who sustained neck injuries due to falling objects at work.
Neck Injury Symptoms
You may not know if you injured your neck, shoulder, or arm after a work accident. Many neck injuries result in cervical radiculopathy, making it difficult to tell where the pain is originating.
The symptoms of a neck injury vary from person to person, but often include:
- Muscle tightness and stiffness
- Muscle spasms
- Inability to move your head in specific directions
- Increased pain when you hold your head in one place, such as when looking at a computer keyboard or driving
- Headache
- Numbness and tingling in your arms, hands, or fingers
- Trouble sleeping because of the pain
If you have any of these signs of a neck injury, ask your doctor to evaluate you for cervical spine trauma – even if you have been diagnosed with a rotator cuff tear or hand injury.
I’ve represented many injured workers diagnosed with a shoulder injury initially only to find out that they had also injured their neck at work. Depending on how long it takes to receive the diagnosis of a neck injury, the statute of limitations may prevent you from getting the benefits you deserve.
Diagnosis of Neck Injury and Cervical Spine Damage
After the industrial accident, report your injury to your employer and seek medical attention immediately.
Tell every new medical provider how you were hurt and what symptoms you have.
Depending on your history of the accident, the clinical examination, and how you respond to conservative treatment, your doctor may order imaging tests. These tests include:
- X-rays. X-rays can help determine if you suffered a cervical spine fracture or have degenerative disc disease.
- Magnetic Resonance Imaging (MRI): MRI provides images of your bones and soft tissues, including the intervertebral discs.
- CT Scan: CT scans provide detailed images of the neck’s internal structures.
If the diagnostic imaging tests show structural problems in the neck, your doctor may consider operative management.
Treatment of Neck Injuries and Cervical Spine Problems
After suffering a work-related neck injury, many types of medical providers may evaluate you: emergency room physicians, nurses, primary care providers, orthopedic surgeons, neurosurgeons, physiatrists, and therapists, to name a few.
You may also need treatment by psychologists and psychiatrists if you develop depression, anxiety, or PTSD from the work accident.
Your workers comp medical providers will use your answers to their questions, clinical presentation, and diagnostic tests to determine an exact diagnosis. Your diagnosis will determine the medical treatment you receive for your neck injury.
For example, you may have a cervical strain or sprain, which usually resolves without surgery. Or you may have a fracture of your cervical vertebrae or a herniated cervical disc that requires more extensive treatment.
Standard treatment methods for neck injuries include:
- Rest
- Physical therapy
- Traction
- Transcutaneous electrical nerve stimulation (TENS Unit)
- Acupuncture
- Epidural Steroid Injections
- Surgical stabilization and correction (laminectomy, discectomy, or fusion)
- Hydrotherapy
- Massage
The treatment you need is a significant factor in determining the settlement value of your neck injury claim.
Neck Injuries and Cervical Spine Conditions
I’ve handled car accident and workers compensation claims arising from nearly every type of neck injury, including those affecting the spinal cord.
Here are some of the most common types of work-related neck injuries:
Cervical Strain/Cervical Sprain
The terms cervical strain and cervical sprain are used interchangeably by many health care professionals.
A cervical sprain is a soft tissue injury used to describe neck pain in patients whose X-ray shows no evidence of damage to the cervical spine. It is a stretch injury to a muscle or ligament in the cervical spine.
These are not minor injuries. I’ve represented many accident victims and injured workers who were diagnosed with a cervical strain initially, only to find out that the initial trauma aggravated, flared up, or worsened their pre-existing condition, such as degenerative disc disease.
Cervical Herniated Disc
Trauma can cause changes in the intervertebral disc structure.
The motor vehicle collision or work accident may rupture or push out the nucleus pulposus – the soft, jelly-like substance inside the disc – through the outer cervical disc wall.
A ruptured disc can impinge the nerve root and result in pain and other symptoms affecting your neck and your arms and hands.
Learn more about work-related herniated discs here.
Cervical Radiculopathy
Cervical radiculopathy is a condition that is caused by inflammation or compression of a spinal cord nerve root.
The cervical spine compression or inflammation is caused by acute disc herniation, degenerative disc disease (spinal stenosis, osteoarthritis, etc.), or a muscle strain resulting in irritation.
Those with cervical radiculopathy may experience complete resolution of your neck pain within days or weeks but continue to experience pain, numbness, and tingling in the shoulder, arm, and hand. Your radicular pain may be dull, achy, sharp, or burning, depending on which nerve roots are compressed or irritated.
Cervical Acceleration/Deceleration Syndrome (Whiplash)
Whiplash is a common injury sustained in work-related motor vehicle accidents, particularly rear-end collisions. It is a hyperflexion/hyperextension injury.
Whiplash causes the muscles and ligaments in your neck to stretch, resulting in damage.
Cervical whiplash is associated with several symptoms:
- Arm and hand numbness
- Dizziness
- Hand and finger weakness
- Headache
- Neck pain
- Shoulder pain
- Tinnitus (ringing in ears)
- Vertigo
- Visual disturbance
These symptoms, known as a whiplash-associated disorder, may resolve in a few days or last several months or longer.
Cervical Spine Fractures (Broken Neck) and Dislocation
Sudden trauma or fall may cause part of your cervical spine to break. This type of injury is known as a neck fracture – and it can cause paralysis and even death.
Fractures above the fourth cervical vertebrae put you at the most significant risk of long-term problems.
Specific cervical spine fractures include:
- Burst fractures
- Clay-Shoveler’s fractures, which involve avulsion of a spinous process
- Compression fractures, which occur when trauma causes loss of vertebral body height
- Hangman’s fracture, which is a C2 fracture
- Hyperflexion and Hyperextension fractures
- Occipital condyle fractures, which occur at the base of the skull and are often accompanied by traumatic brain injury
- Odontoid fractures
A motor vehicle crash or workplace accident can also cause part of your cervical spine to dislocate, creating instability and damage to nearby ligaments. You may need surgery if you suffer a cervical dislocation, and paralysis is possible with this type of neck injury.
Neck Stinger
If you are a football fan, then you’ve probably heard of a “stinger” injury.
A neck stinger is a sudden injury to the nerve root, often caused by trauma. The damage is temporary but may cause numbness, tingling, weakness, and difficulty performing your regular job duties for quite some time.
I recommend seeking immediate medical attention to evaluate the cervical spine for further damage.
Vascular Injuries
Penetrating neck wounds can cause significant arterial and venous injury, including a blunt carotid injury.
Often, surgery is required when there is damage to the blood vessels to the deck. These are serious injuries with a high likelihood of resulting in neurological problems.
What is the Average Workers Comp Settlement Amount for Neck Injuries and Cervical Spine Conditions?
Neck injuries affecting the cervical spine are some of the most costly workers compensation claims for insurers. Only claims involving head trauma (traumatic brain injury, post-concussion syndrome, skull fractures, etc.) and multiple body parts cost insurers more.
In my experience, the average workers compensation settlement amount for a neck injury that contributes to (worsens, flares up, aggravates, exacerbates, etc.) degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. A neck injury resulting in paralysis or the need for home health care or a long-term nursing facility may settle for more than $1 million.
The average workers comp settlement amount for a cervical sprain or strain that resolves within a few months without the need for surgical management and does not affect the cervical spine’s nerve roots is from $30,000.00 to $55,000.00.
My evaluation of neck injury claims is consistent with data from the National Council on Compensation Insurance (NCCI). According to NCCI data for 2017-2018, the average workers’ compensation cost for neck injury claims was $61,510.00. Of this amount, $33,830 was spent on medical care, and $27,680 was spent on indemnity benefits such as temporary total, temporary partial, and permanent partial disability.
What Factors Affect the Workers Comp Settlement Amount for Neck Injury and Cervical Spine Damage Claims?
Several factors impact the potential settlement value of a neck injury claim. Below are some of the items I analyze when calculating a fair settlement amount for injured workers with neck injuries.
- Do you have a Workers Compensation Award Letter? There are two ways to get an Award Letter through workers comp: (1) by agreement of the parties or (2) by winning a workers compensation hearing. The Award Letter is significant because it means your employer and its insurer must pay for all reasonable, necessary, and authorized medical treatment for your neck injury. It gives you leverage during settlement negotiations.
- Have you reached maximum medical improvement (MMI) for the injury? Your doctor will state that you have reached MMI when no treatment will improve your functional abilities other than pain management or palliative care. MMI is the best time to determine your permanent restrictions if any, and what future medical care you may need. Usually, you will undergo a functional capacity evaluation (FCE) when you reach MMI.
- What medical treatment have you received, and what future medical expenses will you have? Most workers comp settlements for neck injuries are full and final, meaning the employer and its insurer will not have to pay for any medical care you may need after the date the Workers Compensation Commission approves the settlement. Ensure your settlement demand includes monies for future medical expenses, such as surgery, pain management, follow-up appointments, and additional diagnostic imaging.
- Do you have permanent loss of use of one or both arms or hands because the neck injury damaged your cervical spine? The neck is not a “scheduled” body part under the Workers Compensation Act. However, you can still receive permanent partial disability benefits if your neck injury affects one or both arms, typical with cervical herniated discs and fractures. You will need a permanent impairment rating to get these benefits.
- Will you be able to return to your pre-injury job when you reach MMI? A severe neck injury requiring surgery or spinal fusion will likely prevent you from returning to your pre-injury job if you work in construction, nursing, or drive a tractor-trailer or delivery truck. You may be eligible for temporary total disability or temporary partial disability benefits for an extended period and vocational services paid for by the employer.
- How much money have you lost? A fair settlement amount for cervical spine injuries includes monies for past wage loss and potential loss of earning capacity.
- The likelihood of future neck problems: Some studies show that 50% of neck injuries resolve within one month, and up to 90% of neck injuries resolve within three months. However, about 15% to 45% of persons who suffer from neck injuries will have future neck pain episodes. Ensure you include the possibility that you will have wage loss and require treatment for neck pain one, five, or even ten years from now in your settlement demand. A neck injury often results in chronic pain.
- Is a resignation required? Ask for additional monies if you must resign voluntarily as part of the workers compensation settlement. And only sign the documents after consulting with an employment lawyer who confirms you have no additional claims under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or wrongful termination or retaliation laws.
- Are you eligible for other disability benefits? Many of the injured workers I represent in neck injury claims also qualify for disability benefits under Social Security Disability (SSDI or SSI), Long Term Disability plans, or the Virginia Retirement System (VRS). Consider the effect a settlement may have on these other benefits – both good and bad – when negotiating.
Are Family Members Entitled to Benefits if a Neck Injury Causes Death?
Yes, certain family members are entitled to death benefits under the Workers Compensation Act.
Unfortunately, neck and cervical spine injuries have the potential to be fatal. If a loved one has passed away from a neck injury or complications of surgery to treat the injury, you may be entitled to payments.
Need a Top-Rated Neck Injury Lawyer to Win Your Claim or Negotiate a Workers Compensation Settlement?
If you hurt your neck at work or believe that your job has aggravated, worsened, or flared up existing degenerative disc disease of the cervical spine, call me for a free case consultation: (804) 251-1620 or (757) 810-5614.
Insurance companies understand how expensive it is to treat a neck injury, especially if spinal fusion is necessary.
They also understand that neck and cervical injuries often result in permanent impairment and disability, which increases the likelihood you’ll be unable to return to your pre-injury job.
To avoid paying you tens of thousands of dollars – or more – the insurer will likely deny all or part of your claim and delay payment. But you don’t have to take it.
For help getting every medical treatment and cash payment available under workers comp for neck injuries, call today. See why other attorneys have voted me one of the best personal injury attorneys in Virginia and what results I can get for you.
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