Undergoing a discectomy is often a necessary step for individuals who suffer from a workplace injury resulting in a herniated or bulging disc. While many people undergo this surgery in hopes of finding relief, the reality is that complications can arise, and the post-surgery recovery may not be as straightforward as expected.
For individuals who have already filed a WorkCover or workers’ compensation claim, the next step in seeking justice and compensation could involve a common law claim for the lasting consequences of the procedure. In this article, we’ll explore what a discectomy entails, potential complications that may follow, and how these complications can affect your life and ability to work.
What is a Discectomy?
A discectomy is a surgical procedure used to remove a portion of a damaged intervertebral disc in the spine. The goal of this surgery is to relieve pressure on the spinal cord or nerves, often caused by a herniated disc. In many cases, a discectomy can significantly improve a person’s quality of life by alleviating symptoms such as pain, numbness, or weakness in the limbs.
However, like any surgery, there are risks involved. In some cases, the complications that arise post-surgery can be severe and lead to long-term issues, especially if the surgery was related to a work injury. Understanding these potential complications is crucial for those considering whether they should pursue a common law claim after a workers’ compensation claim has been accepted.
Common Sequelae Following a Discectomy
While many people recover well from a discectomy, some individuals may experience complications and ongoing symptoms that significantly impact their day-to-day life and ability to work.
1. Foot Drop and Nerve Damage
Take Steve, for example. Steve was a warehouse worker who injured his back lifting heavy items on the job. After being diagnosed with a herniated disc, he underwent a discectomy to relieve pressure on the nerve roots. Initially, the surgery seemed successful. However, over time, Steve began experiencing foot drop – a condition that caused his foot to drag when walking and made it difficult to lift his foot properly. This condition, often a result of nerve damage, can severely limit mobility and affect Steve’s ability to perform basic work tasks, such as walking, standing, or even driving.
For Steve, the lasting effects of foot drop have left him unable to return to his previous role. He now struggles with daily tasks, like walking to the grocery store, and his career prospects have been severely impacted. His injury isn’t just physical—it’s a daily reminder of how his life has changed since his discectomy.
If you find yourself in a similar situation, you may be entitled to compensation for the long-term impact that a discectomy complication has had on your life. A common law claim could provide compensation for lost income, pain and suffering, and other financial impacts resulting from this condition.
2. Headaches
Another potential complication of discectomy surgery is the potential for the surgery to inadvertently cause a leak in the spinal fluid. John, a forklift operator, underwent a discectomy after suffering from severe back pain and leg weakness from an on-the-job injury. Unfortunately, during his surgery, a spinal fluid leak occurred, leading to a condition called postural headache – a debilitating symptom of the leak. To resolve this, John had to undergo a blood patch procedure, in which a blood clot is injected into the epidural space to seal the leak and stop the pain.
Despite the blood patch procedure, John’s recovery has been far from smooth. The ongoing headache, neck stiffness, and chronic fatigue from his complications have left him unable to return to work. He has struggled to perform even basic daily activities, such as driving or lifting, which are critical in his role as a forklift operator. The lasting effects have left him unable to earn a living and burdened with ongoing medical costs.
For John, this delay in recovery and the long-term effects on his physical and mental well-being could form the basis of a common law claim against his employer or the entity responsible for his initial injury. Compensation for medical treatment, lost wages, and pain and suffering could be critical for him to regain financial stability.
3. Chronic Pain and Reduced Mobility
In some cases, even after the discectomy, individuals may continue to experience chronic pain or reduced mobility. This condition can be particularly challenging for people who previously had physically demanding jobs. For example, Margaret, a nurse, had undergone a discectomy after developing sciatica from her work-related injury. Although the procedure was deemed successful, she continues to experience persistent lower back pain and difficulty bending or lifting. The pain is constant, and her mobility is significantly impaired.
For individuals like Margaret, managing chronic pain post-surgery often requires ongoing medical care. Many people in this situation consult with pain specialists who can offer advanced treatment options beyond traditional medication. One such treatment is the use of a spinal cord stimulator (SCS).
A spinal cord stimulator is a device implanted near the spinal cord to help manage chronic pain. The device sends electrical impulses to the spinal cord, interrupting pain signals before they reach the brain. For patients who suffer from persistent pain despite surgery, this can offer significant relief and improve their quality of life. However, it is important to note that the procedure for implanting an SCS involves surgery, and the device itself comes with ongoing costs.
The initial cost of implanting a spinal cord stimulator can range from $40,000 to $60,000, depending on the complexity of the procedure and the type of device chosen. Additionally, patients will often need to maintain or replace the device over time. The battery in the stimulator generally lasts between 5 to 10 years, at which point it will need to be replaced. The replacement surgery can cost another $20,000 to $30,000 or more, and the patient may need to undergo multiple replacements throughout their lifetime. Over time, the cumulative costs of the stimulator, along with ongoing medical consultations and adjustments, could easily exceed $100,000.
For Margaret, the ongoing pain and reduced mobility may mean she needs to consider this treatment option. Given the high costs of implantation and future maintenance, the financial burden on top of the physical and emotional strain is significant. If a person’s work-related injury results in the need for a spinal cord stimulator, it is essential that they consult with a personal injury lawyer to ensure these future costs are accounted for in their common law claim.
Common law claims can cover not only the immediate medical costs but also the long-term expenses related to treatments like spinal cord stimulators, ensuring that the individual’s financial well-being is protected as they continue to cope with the lasting effects of their injury. The need for such a device underscores the severity of the injury and its impact on the person’s ability to work, highlighting the importance of seeking fair compensation for both current and future medical needs.
Margaret’s injury doesn’t just affect her physically – it creates a significant financial strain that she would not have experienced had she not been injured at work. This is why pursuing a common law claim can provide much-needed compensation to cover both medical procedures like spinal cord stimulators and the ongoing care required for managing chronic pain.
The Impact on Your Ability to Work
For many people, the long-term effects of complications after a discectomy can mean more than just physical pain – they can result in a complete loss of earning capacity. Whether you suffer from nerve damage, chronic pain, reduced mobility, or the need for multiple surgeries, these complications can prevent you from returning to work or require you to accept a lower-paying role that is less physically demanding.
After making a WorkCover or workers’ compensation claim, you may be eligible to pursue a common law claim to recover additional damages for the lasting impacts of your injury. This can include:
- Compensation for lost wages or reduced earning capacity.
- Reimbursement for medical expenses.
- Damages for pain and suffering, emotional distress, and the impact on your quality of life.
- Costs for future medical care or treatments that may be needed.
If you’ve undergone a discectomy due to a work-related injury, and you’re still experiencing complications that significantly impact your life and ability to work, you may be entitled to further compensation. Don’t let the lasting effects of surgery go unrecognised. Explore your options for a common law claim as soon as possible to ensure that you’re compensated for the full extent of your injuries and their ongoing impact.
If you’re unsure whether you have a case or need help navigating the claims process, don’t hesitate to contact one of Roche Legal’s personal injury lawyer with experience in handling workers’ compensation and common law claims. With the right legal representation, you can take the next step toward securing the compensation you deserve.
What might my claim be worth?
Try our Queensland Compensation Calculator. It takes a couple of minutes and gives a plain-English estimate of what compensation can include, such as pain and suffering, lost income, super, care and out-of-pocket expenses.
It’s an estimate only (not legal advice), but it can help you get a sense of what your claim may be worth before you decide what to do next.
If you or someone you know is experiencing complications following a discectomy, contact us for a free consultation. We’re here to help you get the compensation and justice you deserve.