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C6 - C7 Spinal Fusion after truck accident

leannavalelleannavale Posts: 1
edited 06/11/2012 - 8:50 AM in Neck Pain: Cervical
Hi all, im hoping someone can help me with my questions and thoughts.

From the beginning ....

We had saved enough money for a house deposit, found our perfect house, they accepted our offer and 2 days before we signed the papers my husband rolled a semi trailor truck during work. He was working night shift and was tired. At 100kms ph he took the turn too late and the truck kissed the road. He had previously been working too many hours and it is not legal to work more than 12. 2 nights before accident he worked 17hrs.

He was able to get himself out of the truck to only be put in a neck collor once the ambulance arrived. When taken to hospital they discovered that he had fratured the c7. He had no other issues except some cuts and stiches and was released from hospital 2 days later (after he could prove he could walk)

He was at home and not working with a neck brace on. at the 6 week mark he met with his neurosurgeon who decided the best action was to fuze the c6-c7, and clear out around the nerves by removing the disc, replaced with a wire cage and "filler". 7 weeks after the accident he had the surgery. All went great and he was able to remove the neck brace immediatly and go home the next day.

In total he had 3 1/2 months off work and we were receiving workers comp at 1/2 his wage since they didnt pay the overtime component of his wage. It has now been 4 weeks back at work on light duties. Hes seeing a physio atleast 3 times a week and often comes home sore and grumpy. He is doing less than 8hrs work most days, when he was doing 12+. He is now also having dizzy spells again (????)

My questions are these, Should we make a workers comp injury claim? ive read u can get a payout and have them still pay the hospital costs, is this the case? What sort of payout would we get? Is this a no fault claim? or is the boss liable for the accident?

Mostly i have read people having this surgery need to have additional op's due to weakening of the bones at fusion site, can anyone who has had the surgery comment on this.

Not sure on where to go from here, HELP


  • Leann,

    First let me say welcome to spine-health. Have a look around and you might want t look in the forum marked health insurance where there is more post on worker's compensation. I am not sure where you live but if in the states every state is different as to how the laws work. If in a different country same goes.

    You said that work comp was paying his income, which means they should be paying for the hospital cost. The fact they let him back at work on light duty sounds to me they have accepted liability for the claim also. Typical there will be a percent of disability of his injury related to the body as a whole, that they would pay out. Now here is the problem that I see though is your husband was over his hours and was therefore negligent, which can make him responsible for some of the claim. But, not knowing where you live would be hard to tell. It also would depend on rather he was running paper logs and the time distance between his stops.

    Typically the pay in the states for work comp injuries is 66 2/3rds your income while you are out of work. Also keep in mind this money is not taxable either.

    AS far as the need for additional surgery what your talking about is adjacent disc disease. The fusion can put extra weight on the surrounding disc, but not everyone will have failure at another level. What would be important is what the other disc look like at this point and time. But keep in mind after the age of 25 everyone will start aging in the spine.

    If your in the states you can typically go see a attorney for free and they will tell you what kind of case you have and will only want payment upon you getting paid. Keep in mind choosing a attorney is very important and not all are doing the right thing necessarily for the client. Just don't sign on with the first lawyer you meet cause they do some smooth talking line. Also you might see a settlement offer from the insurance company soon, that you nee dot seriously consider before agreeing to as you need to think about future medical care.

    However, I think right now at this point and time first is the health of your husband and how his neck is healing and how he is feeling over all. Just thought I would stop by and welcome you to spine-health. Keep us posted on how your H gets along. Take care.
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