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Can I Claim Workers Compensation Benefits in Wisconsin for a Lumbar Surgery or Fusion?

Posted in Uncategorized on May 2, 2018

Yes, there are substantial benefits that can be claimed for a work related back injury fusion surgery in Wisconsin. If you are hurt on the job and end up needing a low back or lumbar surgery, you can claim workers compensation benefits for this if your injury directly causes the need for the low back surgery, or if your work injury precipitates, aggravates, and accelerates a preexisting condition beyond its normal progression. In other words, even if you have a bad back or prior back pain, if the work comp injury makes your condition worse and speeds up the need for your back surgery, it is work related and you can claim workers compensation. In addition to your time lost and medical expenses, a back surgery entitles you to a minimum 5% Permanent Partial Disability per level operated on, or 10% minimum per level for disc removal and fusion. Using the maximum PPD rate for 2017, this is $18,100 in permanent disability compensation you are entitled to per level for a disc material removal surgery, or $36,200 in permanent disability benefits per level for a low back fusion.   There are many other benefits you can claim such as lost wages while you are off work, and potentially other benefits for safety violations, disfigurement, lost future earning capacity, unreasonable refusal to rehire, and other benefits.  If you lose your job due to permanent work limitations from your back injury, you may be entitled to a large settlement for your future lost earning ability (also called vocational impairment).  This is a complex claim, and there are many factors to consider in making such a claim to maximize your benefits.

If you have questions, or your workers comp claim is refused or denied by the workers compensation insurance company, then talk to an experienced lawyer. Attorney John R. Jokela is a workers comp and disability attorney working in Wausau, Wisconsin, and he is happy to answer your questions. Call 715-845-9000 for a free consultation.  John handles cases throughout Wisconsin.  He and his legal team work out of their office in Wausau, but John is happy to meet you in your town or city.  He regularly travels to Wisconsin Rapids, Stevens Point, Appleton, Eau Claire, and Rhinelander.