I Suffered A Work Injury And Now I Need Surgery. What Should I Do?

Though I'm a workers compensation attorney first and foremost, I also consider myself an advocate for informed health care decisions. Following my own work injury many years ago, I have undergone multiple back surgeries over the years (knock on wood I'm doing very well). Because of the same, injured workers are often drawn to me for this very reason. I can relate to what they are going through when making informed decisions about whether to proceed with a surgery. This brings me to surgeries performed on older injured workers. I share this story as another resource (click here)  in the decisions you make. If you are an injured worker and a surgeon has recommended surgery, never be afraid to seek a second opinion.  You get one chance at this decision!  Inform and educate yourself to make the best decision for you and your family.  

Has Your Doctor Recommended An Artificial Lumbar Or Cervical Disc For Your Minnesota Workers Compensation Injury?

Having undergone multiple spine surgeries myself, the use of artificial discs in the area of Minnesota workers compensation cases is more than a professional interest for me...it's personal.  I have had multiple cervical and lumbar spine surgeries over the course of 30 years.  During that time, there was no such thing as an artificial disc being used her in Minnesota.  

Over the last decade multiple companies have used a form of artificial disc for both lumbar and cervical surgeries.  What they have learned and I have experienced with or clients, is that they often don't work in the lumbar spine but have been extraordinary successful in the cervical spine.  If you think about it, there is far less weight and stressors on the neck in comparison to the low back.  One of the struggles with a lumbar artificial disc is described in a recent Minnesota Workers Compensation Court of Appeals case I handled.   Our client had an unsuccessful artificial lumbar disc surgery which resulted in him being permanently and totally disabled.  If you would like to read about our victory and the case follow this link.

The Mobi C is the most popular and in my opinion the most successful artificial disc being used today in cervical spine surgeries.  I have spoken on this topic at seminars with a few surgeons in Minnesota including Drs. Mary Dunn and Nick Will (one is a neurosurgeon and the other is an orthopedic surgeon) and they both speak very highly of the Mobi C.  I have had dozens of clients use the Mobi C in the cervical spine and so far, they have experienced excellent results.  Though there is always a risk involving any surgery there seems to be less complications with the Mobi C then in a normal cervical fusion.  Clients have experienced greater neck flexibility, less chance of infection and faster recovery times over a standard fusion.  Below is a video which describes the procedure and the device.

If you have sustained a Minnesota Workers Compensation Injury you should always speak to an experienced workers compensation expert.  You may believe, incorrectly, that everything is being paid properly and you are getting the maximum benefit.  Well, that's rarely the case.  We offer absolutely FREE and no pressure phone or in person meetings to discuss your injury.  We are one of Minnesota's largest and most successful workers compensation law firms.  All of our lawyers have been recognized by our peers and judges as Superlawyers, we have recovered millions of dollars in benefits for our clients every year, and we achieve larger settlements than most firms because the insurance companies know the lawyers at Atkinson Law Office have tried hundreds of cases to hearing and aren't afraid to fight when necessary.  Our phones are answered 24 hours/day, call today 651-333-3636.  We represent Minnesota workers who have have been injured across the entire state and throughout the Unites States.  Atkinson Law Office; we are Minnesota's number one workers compensation law firm.

I Suffered A Minnesota Workers Compensation Injury. Do I Need Back Surgery?

Though I've been a Minnesota workers compensation attorney my entire legal career, that's the very same question I asked myself nearly 20 years ago.  Do I need lumbar spine surgery.

I was injured at work and despite conservative care, my radicular leg and back pain left me unable to sleep and barely able to function.  Over time I grew frustrated, short tempered and frightened about my future.  Despite being a young lawyer, I was worried that I wouldn't be able to do my job given my inability to sit or stand for extended periods of time; a prerequisite to being a trial lawyer.  I was taking narcotic medications that left me fuzzy at best and only took the edge off my pain.  I want to share with you what I've have learned over the past few decades since my injury and lumbar spine surgery.

Over the years I have handled or represented over a thousand cases involving spinal cord injuries.  I'm unique in being the only Minnesota work comp attorney who has sustained a spinal cord work related injury.  In fact, I have undergone three spinal surgeries since 1992.  Lucky me right?  Twentyfive years later spine surgeries have dramatically changed and in most cases improved.  During this time I have seen aggressive use of lumbar and cervical fusions, the introduction of artificial discs, and development of spinal cord stimulators.

Most lawyers are hesitant to offer advice on surgery because they haven't had the same.  Though I'm a workers compensation attorney, I feel obligated to be a "counselor" as well.  I encourage my clients to explore conservative treatment and only enter into the decision of spinal surgery after the same.  I also make sure that they understand that though surgery can relieve their symptoms, in rare situations their conditions could worsen.  I offer the names of physicians and clinics that have a proven track record of having, "good hands, good heads and good hearts".  I consider myself lucky that my surgeries have turned out extraordinarily well.  I am 100% pain free.

I often blog that not all workers compensation attorneys are equal and that experience matters.  This applies to orthopedic surgeons and neurosurgeons as well.  Like some lawyers I know, a surgeon may come across as confident and a smooth talker.  This doesn't mean they are either good in the courtroom or in the operating room.  Surgeons can be overconfident of their talents and fail to communicate or even know the long term outcome of their surgical patients.  Very few have patient follow up beyond 3-6 months post surgery.  If the patients having ongoing or worsening pain and are non surgical there is usually nothing a surgeon can offer you and they wash their hands with you.  In fact, in many cases the last time you see your surgeon is just before the surgery or while recovering at the surgical center or hospital.  Often follow up care is performed by nurse practitioners or physicians assistants.  Remember; "good hands, good heads and good hearts".  It's rare to find a surgeon with both.

If you sustained a work injury and want to discuss the surgery, I'm happy to sit down with you for free and listen and discuss with you your options.  A decision to undergo surgery is a personal decision and I will never tell you to do the same.  I will simply share with you what I have experienced personally and in the thousands of workers compensation cases I have been involved with over the last 25 years.  With this information you can hopefully make a more informed decision of what is best for you and your family.  Contact us today at 651-333-3636 for a free consultations.  Every single one of our attorneys has been honored as a Superlawyer and is a workers compensation expert.  Visit us at www.mndisability.com for more information.  Also visit our video center for answers to many of your questions.  Our phones are answer 24/7 and in many cases you can talk to a lawyer anytime of the day or night.

Spinal Cord Stimulators. Are They Safe And Will Work Comp Pay For One?

Spinal cord stimulators have been around for decades.  In the nearly 25 years that I have been a workers compensation attorney, I have been involved in nearly a hundred cases involving spinal cord stimulators.  The first observation I have is that the actual devices have dramatically changed over time.  The first ones were large, clunky, plagued with software issues and not permanent.  They are none of those things now as you can see from the image to the right.

Years ago I represented a "retired" US Marine who sustained a significant back injury.  After a "failed" lumbar fusion his surgeon recommended a spinal cord stimulator.  "Bill" wanted to be able to get back into his farm fields to drive tractors and bale hay for his livestock.  After the stimulator was implanted Bill was a changed man.  His smile returned, he was extremely mobile and yes he was able to get back on his tractor.  I spoke with Bill a few days ago and he recently had a new model implanted that was voluntarily paid by the workers compensation insurer after losing the first fight nearly 10 years ago.

The process has changed somewhat since Bill had his stimulator implanted.  Bill's device was recently replaced because the battery power was failing.  New models are much smaller and  unlike Bill's first model, they can be charged subcutaneously or through your skin.  In addition the software which is just as important as the hardware has dramatically improved.

Over the past decade Atkinson Law has NEVER lost a spinal cord stimulator claim.  NEVER!  There are specific rules that must be followed by your treating physician to obtain approval and payment for your device.  At Atkinson Law we have a very successful model we follow to present a strong claim where appropriate, to assist you and your physician obtaining approval.  If you are considering a spinal cord stimulator I strongly urge you to contact one of our attorneys today.  Call 651-333-3636 and visit our website at  www.mndisability.com You consultation with our expert attorneys is always free and if we get your spinal cord stimulator approved, our fees will be paid directly by the workers compensation insurer.

You Have A Minnesota Work Injury And Need Spine Surgery. Should You Go With A Traditional or Laser Lumbar Spine Surgery?

Like many of you contemplating low back surgery, I was aware of the option of laser spine surgery before I underwent two low back surgeries following my Minnesota work comp injury.  I did a lot of research on the issue before deciding to go with the traditional microdiscectomy over the "laser" approach.  Though every individual has to come to their own decision as to surgery, I feel that treating with a local spine surgeon here in Minnesota is the smartest choice.  That said, I want to stress that just like workers compensation attorneys, all surgeons are NOT equal.  We are fortunate to have many excellent spine surgeons here in Minnesota.

In reading the numerous studies (not Laser surgery center advertisements) I have found that there is no real significant benefit for undergoing a laser spine surgery procedure.  In fact, the biggest downside is that our Minnesota workers compensation clients often have to travel to far flung states like Florida or Arizona to undergo a laser spine surgery.  This makes follow up care, treatment for complications, and building a relationship with a physician nearly impossible and horribly expensive.  In addition, often you need to rely on your doctor for a medical legal opinion as to whether your work injury is a substantial contributing cause to your surgery.  Too often doctors from outside of Minnesota simply don't understand Minnesota's complex "causation" standards or don't want to get involved in an out of state legal proceeding.  This should be a real concern for you as a patient and injured worker.

As for minimally invasive laser spine procedures, Dr. H. Gordon Deen, a neurosurgeon at the Mayo Clinic stated in a 2009 Mayo publication that "there are no clear benefits to laser surgery over more well-established spine surgery techniques that have proven to be effective."   Dr. Deen went further and stated that doctors at the Mayo Clinic neither use nor recommend laser spine surgery.  Having personally worked with dozens of other Twin Cities spines surgeons I can attest that his opinions are universal here in Minnesota.

If you have sustained a work related low back or cervical spine injury and are contemplating surgery, I'm happy to discuss these with you both as an expert workers compensation attorney and as a someone with personal experience having undergone spine surgery. There is never a charge to discuss the same.  I'm truly open to talking to you in person or by phone.  With over nearly 25 years experience in workers compensation and having had multiple spine surgeries, nobody is more qualified than me to advise you with your injury.  Call today at 651-333-3636 or visit our page at www.mndisability.com 

I Was You. How I Recovered From My Lumbar Surgery Following My Minnesota Workers Compensation Injury.

As a Minnesota Workers Compensation attorney I bring a very unique background in representing my clients.  I began my career as an attorney representing insurance companies and employers in workers compensation matters.  During that time I had three spine surgeries; cervical spine surgery followed by lumbar spine surgery and lastly my third and final repeat lumbar spine surgery.

All three of my surgeries were necessary to repair herniated discs impinging foraminal nerves creating "radicular" symptoms in my arms and legs.  I was unlucky enough to have had two work related low back injuries over the years as the result of slips and falls.  The first occured when I slipped on ice exiting my car in the company parking the lot and years later while running to catch a phone call. 

The surgery to my neck was a cervical microdiscectomy and laminectomy.  I had a slightly different procedure to my lumbar spine in the nature of a microdiscectomy and hemilaminectomy.  In my next blog article I will describe both of these procedures in more detail. 

My recovery times varied dramatically with my surgeries.  My cervical surgery had a 6-8 week recovery time followed by extensive physical therapy.  Though 22 years later I consider the surgery a success, I was left with some residual numbness in my left arm and diminished grip strength.  My lumbar surgeries were a bit more complicated with one recovery lasting about 6 months and the last one taking nearly a year due to complications.

I am nearly 8 years post surgery and in that time I have had some ups and downs but I am very happy with the outcome of all of my surgeries.  This said the choice for surgery is a personal decision that you should discuss with you physician and your family.  As an attorney who has represented hundreds of individuals undergoing surgery, I NEVER tell them what to do.  I share my experiences and remind them that any surgery has risks and the potential for complications.  I have seen absolutely outstanding outcomes and some extremely horrific life changing surgical results.

One of the reasons I started Atkinson Law Office years ago was because of my personal experience litigating my work related lumbar back injury.  Call it Karma or simply bad luck but I experienced what so many of the injured workers with whom I had cases against experienced.  Frustration, anger, disappointment, depression, and the sense that this can't be happening...to me.  Like many of my clients I resolved my dispute without having to go to hearing but the experience has shaped how I represent my clients.  My firm is dedicated to zealously representing the injured worker.

For nearly a decade the Attorney and staff of Atkinson Law Office have represented injured workers.  Our past experience as defenses attorneys and even claims adjusters allows us to share the tricks and secrets of Minnesota's worker compensation system with our clients.  There is never a fee to consult with our lawyers and despite your fear that you have to pay a retainer agreement to hire us, it simply is not true.  We only get paid if we recover benefits for you.  Call us for a free consultation.  651-333-3636.  We represent Minnesota injured workers throughout Minnesota and across the entire United States.  We are Minnesota's workers compensation experts.  Visit us at www.mndisability.com

Personal Experiences From A Minnesota Work Comp Lawyer Who Has Had Cervical Disc / Neck Surgery.

Years ago I sustained an injury resulting in numbness down my right arm/hand and pain into my upper right shoulder/arm.  My family physician eventually ordered an MRI which revealed a herniated disc and then referred me to a neurosurgeon for a consultation.  I underwent physical therapy, was prescribed a steroid and eventually underwent a C6-7 laminectomy and microdiscectomy.  The surgery was a success in relieving all of the pain symptoms and most of the numbness and weakness sensation.  I subsequently ran many races including a marathon.

My symptoms and outcome may be different then yours so let's take a look at the most commons symptoms of a cervical disc injury. 

Symptoms

Symptoms of cervical herniated disc may include:

• Pain that radiates down the arm to the hand and/or fingers
• Numbness and/or tingling in the shoulder, arm, or hands• Weakness of hand and/or arms
• Difficulty with fine motor skills in the hands and arms
• Tingling or "shock" type feelings down the torso or into the legs

You may have one or all of these symptoms.  I had them all to some degree before the surgery.

Certain positions or movements such as looking up and down or left and right of the neck can intensify the pain. Often the symptoms of a cervical herniated disc often resemble other disorders such as carpal tunnel syndrome  injury to the rotator cuff.  I have actually had clients misdiagnosed with both CTS and rotator cuff injuries who actually had cervical disc injuries.

Causes

Direct trauma such as hitting your head, lifting heavy objects, sudden jarring of the neck and/0r head or repetitive actions over time can result in injury to the cervical disc.  These injuries can cause a cervical herniated disc or spinal cord compression, where disc material pushes on a "foraminal nerve" the spinal cord. This is a much more serious condition and may require a more aggressive treatment plan. Spinal cord compression symptoms include: 

• Awkward or stumbling gait

Treatment

There are many methods to attempt to treat these conditions which I have discussed in other blogs including physical therapy, traction, chiropractic care, medications and even various types of surgery.  You and your doctor will have to determine what is the best protocol for you.  I am happy to share my personal thoughts on what I experienced and what hundreds of my clients have done over the years.  Visit our website or call today at 651-333-3636.  We are work comp experts who recover millions of dollars of benefits for our clients every year and unlike many firms we have decades of experience in workers compensation.  We represent clients across the entire state of Minnesota.

I Had A Minnesota Work Related Back and Neck Injury, What Do I Tell My Doctor?

This article is prompted by a phone call I received this afternoon from an existing client with a hand injury who now sustained a more serious back injury a year later.  She was concerned about filing "another work injury" and is hoping her back gets better and she doesn't want to report it to work despite missing a week of work.

She is well intentioned but is making an enormous mistake that I have seen countless times.  If you have a work injury that results in lost time from work or you need to seek medical care then you MUST report it.  It's the law.  Your employer must complete a First Report of Injury because that's the law.  Why is this the law?  To protect YOU the injured worker when the employer later tries to deny the injury or minimize it.  It's true that most back injuries resolve shortly after the incident on there own with simple rest, ice, and core strengthening.  But there are times when it doesn't and this action or inaction will greatly hurt your chances for fair treatment by the employer, insurance company and adverse doctors.

When you first see your health care provider, you will be asked questions about your back pain, including how severe it is, how it happened and where it happened.  Tell the doctor clearly and repeatedly where it happened and how it happened. 

Your doctor or chiropractor will try to determine the cause of your back pain and how to best treat it.  The pain will likely get better with simple measures such as ice, medication, physical therapy, and  exercises.  However, some symptoms such as radicular pain down your arms or legs can be immediate signs of a far more serious injury.  Your doctor may order an X-ray, CT Scan, MRI or an EMG to rule out a more serious injury.  This is an excellent time to call a lawyer for a free consultation. 

Please, if you have sustained a neck or back injury at work, tell your supervisor and then see a doctor.  Don't assume your doctor knows you had a work injury.  Tell them directly, don't assume the nurse or intake assistant clearly advised them of the nature of your injury.  Be your own advocate.

If you have sustained a Minnesota work related injury contact attorney Tom Atkinson or Kerry Atkinson today.  Atkinson Law Office and Minnesota Disability have a staff dedicated to assisting Minnesota work injuries.  Kerry and Tom have been working with Minnesota work injuries for over 20 years.  Both Tom and Kerry formerly represented employers and insurers but now only represent employees!  We are waiting to share the secrets they have learned to assist you to win your case.  There is never a fee collected to meet with them nor a fee paid unless there is a recovery.  Your initial consultation is always free as well.  Call today 651-333-3636 and visit our website www.mndisability.com 

I Have Had Both Neck Surgery And Back Surgery; Do You Need Back Or Neck Surgery?

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Since my neck surgery I have run a marathon, and following my back surgeries I have run a half marathon and many 10k races.  I share this with you not so that you take surgery lightly, but to recognize that there are very successful outcomes to back and neck surgery.  

For most injured workers, spine surgery is “elective”, meaning that it is considered as a possible approach to enhance an injured worker’s ability to function and decrease pain. However, just because spine surgery is elective or recommended by a spine surgeon does not mean the workers compensation insurance company will agree to pay for it.  Almost without exception, the work comp insurer will require an independent medical examination.

"Elective" just means that surgery of the spine is rarely an absolute necessity. Like myself, most often surgery is performed to relieve significant pain or reduce symptoms such as radiating pain, numbness or tingling down one’s legs or arms.  Only in rare instances, such as for patients who have a progressive neurological loss of function or sudden onset of bowel or bladder incontinence, is spinal surgery actually necessary on an emergency basis.

Spine surgery can basically accomplish two tasks:

1. Decompress a nerve root or the spinal cord
2. Stabilize an unstable or painful segment with cervical, thoracic or lumbar fusion

Some injure workers with back or neck pain wonder by a surgeon doesn’t perform exploratory surgery.  I have never heard of exploratory spine surgery. The cause of a patient’s pain is not readily apparent with opening and exploring the spine. The preoperative evaluation and imaging results are what identify the problem and guide the design of the procedure.

If you have been injured, contact the attorneys of Minnesota Disability and Atkinson Law Office, P.A. For a FREE consultation call 651-333-3636.  Our phones are answered 24 hours a day.

I Hurt My Back And Need Surgery, What Now?

Perhaps you are just like me and hurt your back at work.  I hurt my lumbar spine (low back) after a work related fall and had to undergo two lumbar spine surgeries over two years.  It began with severe leg pain and modest back pain.  Perhaps you thought that you hurt your leg and not your back because of the shooting pain, numbness or tingling in your leg.  This is not unusual.  After an MRI and referral to a surgeon you have may been advised to have surgery like me.  What now?

The first time around, I tried a short course of physical therapy and steroids without any success.  I underwent surgery with an excellent neurosurgeon and had great results.  Unfortunately I had a second injury resulting in an even larger disc injury at the same level. The second time I tried to do everything possible to avoid surgery.  I tried physical therapy and two different types of steroids to avoid surgery.  I couldn't sit for long periods, couldn't sleep and was absolutely miserable.  One of the medications I was prescribed resulted in an unpleasant side affect called steroid psychosis which was absolutely frightening!  I relented and underwent a second surgery.  The second surgery had a number of unexpected complications but eventually my luck changed and I have made a good recovery.  Though I still struggle with leg pain and some other issues, I have been able to put in long hours with my legal practice, bike and even run a half marathon. 

Surgery is a serious decision and I counsel clients every week on THEIR decision to have cervical surgery (yep, I've also had neck surgery), back surgery, etc.  Let me help you with your work related injury and counsel you on your options and how surgery will affect your future employment and workers compensation benefits.  Our lawyers have decades of experience each and you will receive personal attention to your claim.  How many lawyers give you their cell phone number to call them with questions?  I do, my cell phone is 651-324-9514.  I look forward to hearing from you.  Feel free to visit our website as well www.mndisability.com or call 651-414-0678 to make an appointment.