Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur

A: A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce any noticeable pain or other symptoms. A pre-existing herniated disc can also be aggravated by an acute trauma (e.g. a fall).

Legally, your employer's workers compensation insurer may be required to pay for diagnosis and treatment of a herniated disc resulting from, or aggravated by, a work-related accident. It is not, however, required to pay for herniated disc resulting from another cause unless that pre-existing condition was aggravated by the work-related accident.

An employee bears the burden of proving what caused the herniated disc. Such proof must usually come through expert medical testimony. Herniated discs in the lower back (lumbar spine) due to gradual degenerative conditions are extremely common. In such cases, it can be very difficult to prove that the herniated disc was caused by a work-related accident. Herniated discs in the middle back (thoracic spine) and upper back (cervical spine) are not often caused by gradual degenerative conditions and are more often the result of an acute trauma. Herniated discs in the thoracic spine are most often caused by motor vehicle accidents, falls, or sports injuries.

Most herniated discs that develop gradually are accompanied by evidence of degenerative disc disease. By far, the most common (~90%) affect the disc between the L4-L5 or the L5-S1 spinal discs. Most commonly, this occurs in patients over 40 years of age. While a herniated disc in a younger patient "can" be the result of gradual degenerative conditions, most are the result of an acute trauma like a work-related accident, motor vehicle collision, or sports injury.

A: You have this posted under Insurance Bad Faith. It could be bad faith, if the determination is unfounded and involves bad faith in the handling of the claim. But it's more likely a matter of the carrier playing hardball. They do that. One of your options is to try to set up a free consult with a workers' comp attorney. Good luck

A: Ah, this is just business as usual. I have never come across a workers compensation doctor that was able to found an injury. And the ones that do dont tend to get re-hired by company's.

I would seek a second opinion from a different doctor, and inform your employer of the findings of that second doctor. Let them know that whatever they are saying is likely wrong and that they need to do the right thing.

And the most important part, make sure you retain a personal injury attorney to help through out this entire process. In my experience, clients tend to try and wait until the last moment, when all other options have failed, before they seek the counsel of a personal injury attorney. And sadly, by this time, it is already too late for anything to be done. Costly mistakes have already been made and there is not much more an attorney can do to salvage the situation. So always, if you are navigating an injury claim, please make sure you involve an injury attorney.