If your work injury led to back surgery and you still have significant pain, then it might be Failed Back Syndrome (also called Failed Back Surgery Syndrome or Failed Fusion Syndrome). It’s a condition that results when surgery fails or doesn’t fix the problem.
Illinois workers’ compensation provides benefits for workers who are injured on the job. Instead of suing your employer, you can file a claim with the Illinois Workers’ Compensation Commission. It doesn’t matter whether the injury was your fault, your employer’s fault or a just an accident. The law provides 100% coverage of medical care that is reasonable and related to your work injury. It also says that you get 2/3 of your pay while you have to be off work because of your injury. You can also receive a lump sum from the insurance company as a settlement at the end of your treatment, depending on the severity and permanency of your injury.
So how do you know if you have Failed Back Syndrome? It’s a broad category, and your pain can be caused by a variety of factors. It might be surgery gone wrong … or a different issue altogether. Maybe you developed significant scar tissue while you were recovering. Or maybe the surgeon misdiagnosed the problem and operated on the wrong section of your spine. The only way to know is to see your doctor and talk to him or her about your ongoing pain.
Is your Failed Back Syndrome covered? If your original back injury was caused by your job, then any resulting back problems are also considered work injuries. This means that you are entitled to the benefits described above under Illinois workers’ compensation law. After all, you wouldn’t have a related issue if you hadn’t had the work injury in the first place.
Despite some pretty clear law on the issue, insurance companies deny valid claims all the time. They make more money if they pay you less. The best thing to do, after first taking care of your health, is to find an experienced workers’ compensation attorney to handle the insurance company for you. You shouldn’t even have to speak with them. Your chances of getting full benefits improve greatly once you have a lawyer on your side because insurance companies know that an experienced lawyer won’t fall for their tricks.
Don’t let your employer or their insurer tell you that you can’t get benefits. Their interests are much different from yours. If you have questions, give us a call. We are a statewide network of experienced attorneys who help injured workers. We’ll talk to you for free, and it’s completely confidential.