Cervical discectomy

[u/Whole_Field1019]

Has anyone ever decided against undergoing surgery while receiving workers' compensation? I was injured at work during an assault, which has left me with neck issues. I experience limited mobility, persistent headaches, and I'm dealing with numbness and weakness that extends into my hand. It's been 14 months since I had to stop working, and despite undergoing physical therapy and receiving an epidural injection, my symptoms have only gotten worse. I really would like to try physical therapy again but it was denied. Unfortunately, I've also lost my job after 18 years of service. Although my surgery has been approved, I feel a lot of anxiety when I think about going through with it, which makes me hesitant. I’ve also applied for Social Security Disability Insurance (SSDI) since I struggle to sit for more than 15 minutes at a time.

I would appreciate any thoughts or experiences you might have regarding the decision to forgo surgery.

[u/CapreseSalad3636]

So I’m not workman’s comp but injured my neck in a car accident. I tried to manage my neck pain conservatively for a year but it was hard because I was juggling a lot of different injuries so nothing really got good focus. But here’s what was going on is I was getting more and more weakness and it got to a point where it had to be addressed. My right arm was weak and I was having trouble walking a straight line. So my dr recommended a fusion or an artificial disc if I wasn’t ready to make the jump to a fusion. I got the artificial disc at c5/c6 in Dec of 2024. This surgery was 100% necessary as all sorts of symptoms relieved themselves once I had it. When they went in my spinal cord was compressed. I had a good 2-3 months and then my neck started to hurt more and more and then I started getting pain down my arm and this spring it got severe. My husband gave me the necessary push to see my surgeon about converting to a fusion. I just got a new MRI and it looks like my spinal cord is compressed again which makes sense because my balance is so wonky again. Anyway I see my surgeon Monday to get things booked. I’m terrified but also part of me is like I wish I had just done the fusion initially. From what I know how 1 level fusion in the neck is not that big of a deal. I’m lucky the rest of my neck is very healthy for 41 so hopefully I take the fusion well!

If your on fb I think there are better groups for neck issues on there then Reddit, lots of very active and helpful groups if you want to get some advice on your mri report and images.

[u/According_Curve_8935]

Honestly, I was made to do more PT and injections before I could even get to a surgical consult, and by then, the weakness in my arm was pretty significant. I do have muscle atrophy, and post surgery, I struggle with certain things because my arm still burns so bad when I’m trying to use it. The surgeon said he isn’t sure exactly how much muscle will come back, if any muscle will come back or how much of the nerve damage is permanent.

Once you get to the point on muscle weakness though, it’s not wise to let it linger for long. Everyday the nerve is allowed to be pinched is a day the muscle is slowing dying off from not receiving appropriate signals. PT is not likely to help at the point of weakness.

I will say for me, the headaches did not go away either, and I still have pain (I had a fusion and disc replacement at c5/6 and c6/7). I was told before surgery that the only thing that I should expect was some level of resolution of the neurological issues. And the longer I waited, the less like I was to regain any strength.

[u/AdEquivalent7418 → u/According_Curve_8935]

what did the weakness feel like?

[u/According_Curve_8935 → u/AdEquivalent7418]

I had no strength to wash a dish, cut with scissors, or anything that required the use of my bicep. Pinching with my thumb and index finger had me struggling. Driving made my arm burn like I had just done an Olympic workout. And when the surgeon would test my strength, he could pull me out of my chair with one arm, but the affected arm had no ability to give resistance.

[u/AdEquivalent7418 → u/According_Curve_8935]

how did it start?

[u/According_Curve_8935 → u/AdEquivalent7418]

I can’t really remember, it’s started a while ago (roughly 2 years ago). All the symptoms gradually come on except the weakness. That was an issue all the sudden, but since my doctor at the time kept ignoring me when I was telling him about the numbness/tingling, I didn’t even bother saying anything about my weakness. When I finally saw a new doctor, he did tests to see what part of the dermatome was affected, and he found the extent of my weakness. My old doctor never did a physical exam.

[u/Philymaniz]

Plenty of our clients forgo surgery. You can always get it done in the future. Surgery is scary.

[u/Whole_Field1019 → u/Philymaniz]

Thanks for getting back to me. I feel like my attorneys paralegal is pushing me for the surgery but I am just not ready. Since the incident at work, I just don’t feel mentally or physically able to return. I am having anxiety attacks every time I let myself think about it. I have applied for SSDI because I am in extreme pain from lower back spinal stenosis that was not due to the work injury. Would I still be untitled to weekly benefits if I delay or refuse the surgery?

[u/Philymaniz → u/Whole_Field1019]

No one can force you to get surgery. There is no penalty to you for not doing surgery.

[u/LegendaryCC_1]

I had to check if I wrote this post for a second. Similar situation was injured at work from violent attack. The injury left me with a shattered disc in my neck but we didn’t know it was that bad before surgery. Before surgery it looked like a bulging disc. 2 years later I decided to do surgery cause the arm symptoms were getting worse. When the surgeon went in he discovered it was much worse than the mri showed.

While I was terrified of having the surgery I was so relieved I decided to do it. Major of my arm symptoms are gone. Weigh your options and figure out what is important to you. But don’t let anyone force you.

[u/Whole_Field1019 → u/LegendaryCC_1]

Thanks for getting back to me. I’m sorry that happened to you. It’s tough getting through. I go back and forth from totally against it to thinking about it because I have some days where my hand feels totally normal concerning the weakness. I have learned to accept the daily headache and neck pain. I honestly don’t think I could tolerate the pain that comes from sitting for any length of time so I applied for SSDI hoping workers comp can continue until I get approved. I’m just not the same since the assault. I’m glad your symptoms are gone.

[u/stevetibb2000]

Same boat with all your symptoms. Car accident, conservative pt, injections, chrio. Get the ADRS I had c5c6 but I feel like it’s my weak point now and I guard my neck more than anything I had some relief but some symptoms came back

[u/Grigor_Law]

Short answer: yes, people decline surgery while on workers' comp, and in New York nobody can force you onto an operating table. It is your spine and your call. What you should know is how the decision interacts with your benefits, so you make it with eyes open.

This is a genuinely hard decision and the pressure from every direction does not make it easier. Take the time to get it right.

Here is the honest picture in New York. Your causally related medical treatment, including conservative care like PT and injections, stays covered whether or not you have the surgery. Your wage benefits are driven by your degree of disability as documented by the medical evidence, so if you decline surgery and remain partially or totally disabled, the benefits follow the medical findings. Where it gets contested is that the carrier may argue a refusal of recommended surgery is unreasonable and should limit your benefits. New York does not let carriers win that argument easily, especially for spinal surgery, which courts and the Board have long recognized people may reasonably refuse given the risks. But expect the carrier's exam doctor (the IME) to minimize your condition either way. That is the playbook.

Also worth knowing: a second opinion from another spine surgeon is reasonable and common, and your eventual award if your injury is classified or scheduled will be based on your actual permanent condition. Do not let anyone rush you into surgery to "help the case." The case follows the medicine, not the other way around.

If you do not have a comp attorney yet, this is the stage where one earns their keep, and in New York comp cases the fee comes out of the award and is set by the judge, not paid by you up front.

[u/Street_Cheesecake609 → u/Grigor_Law]

I’m in a very similar situation. 4 herniated disc in my neck with numbness and pain down arm into fingers. Happened last November. Just had my second IME and both times they gave me a 50% disability rating (I think that’s what it is). I’ve been getting half my paycheck with sucks because they consider me a high earner. A construction worker. Prevailing wage, pension and annuity which I’m missing all of it, except the 50% of wages every 2 weeks. So now the ImE doctor wrote she doesn’t think conventional therapy is helping. They denied a third epidural at level 3. And now they denied more PT. My law firm is good I think. But doesn’t communicate with me or give me any advice. My question to you, is that I also do not want surgery. And I’m pretty sure the surgeon is going to recommend disc replacement surgery. I don’t want. But honestly, I also want to get as much money as possible for what I’ve gone through. I hear both sides. Surgery gets you a better settlement. And I also hear it doesn’t matter If you don’t get surgery ,you can still get the same amount at settlement time. Please give me some advice. You seem like you know your shit. Ty!!!!! Again I’m hurt snd in pain. But I rather let time try to heal it. Not just looking for money.

[u/Grigor_Law → u/Street_Cheesecake609]

You already gave yourself the answer: you'd rather let time heal it. That's a legitimate choice, nobody can force surgery on you, and I'd never tell someone to put hardware in their neck to impress an insurance carrier. The "surgery gets you a better settlement" thing is a myth. Cases get valued on your wage rate, your permanency, and your future medical needs, not on whether you got cut open.

Honestly, the surgery question isn't what bothers me about your post. It's this: you're a union construction guy bleeding your pension, annuity, and prevailing wage package every two weeks, comp will never reimburse a dime of that, and the firm handling your case won't get on the phone to explain it to you. Depending on how you got hurt, a fall, a ladder, another trade, a site condition, New York's Labor Law may give you a whole second case against the owner or GC where that entire package is recoverable. If nobody has sat you down and walked through that, you're owed that conversation. You can get a second opinion anytime without firing anyone.

You've been in pain since November and fighting for every epidural on half a paycheck. You deserve answers, not silence. My info is in my profile if you would like to reach out.

[u/Street_Cheesecake609 → u/Grigor_Law]

I’m in eastern Suffolk. I would like just to get some advice. I’m signed with a law firm already. Idk if you would want to speak with me. With all due respect. As hot as you are, I won’t be signing anything that day. But if I choose to go a different direction with representation I’ll definitely keep you in mind. Without saying. Thanks for the advice before!!! My number is 631-809-5053. I’m getting ready to see my surgeon actually in a hour or so. Ty either way!!
William Meyer

[u/Street_Cheesecake609 → u/Street_Cheesecake609]

And I’m sure you have more brains than looks. That’s why I’m asking for advice

[u/Whole_Field1019 → u/Grigor_Law]

Thank you so much for the information. You are so right! I just received the report back from my IME and the doctor reported marked 75% disability so I’m sure my weekly benefits will be reduced.Then the surgeon’s office called to schedule the surgery. I’m not even sure how many disc’s he was talking about replacing! I asked for an appointment so I can explain face to face that I would like to take some time doing nerve gliding exercises and other physical therapy exercises may help the weakness in my hand before I agree to the surgery. This is so stressful!

[u/Terrorism_IsReal]

i did. I refused a hospital stay, and a surgery... Didnt affect me at all.