Author: Shelby Benavidez 

Contributing Attorney: Zachary Tritico, Attorney Team Lead 

Understanding the Injury 

What is a Herniated Disk? 

A herniated disk, also known as a slipped or ruptured disk, is a result of the soft, gel-like center of a spinal disk protruding through a tear in the tougher outer layer called the annulus fibrosus. This displacement can compress or irritate nearby nerves and cause pain, numbness, tingling, or weakness, often radiating down your arm or leg depending on the location of the injury.  

While this condition is most common in the lower back (lumbar spine), it may also affect the neck (cervical spine) or, less commonly, the upper back (thoracic spine). Herniated disks usually result from age-related degeneration, improper lifting techniques, physical trauma like car accidents, or repetitive stress on the spine. Not every herniated disk has accompanying symptoms, but those that do can severely impact a person’s daily functioning and quality of life. 

Is a Herniated Disk an Emergency? 

A herniated disk is not always a medical emergency. In many cases, people can manage their symptoms or pain through conservative care. In non-emergency situations, the injury can improve over time with rest, physical therapy, and non-invasive treatments. 

“Disk injuries are more long-term injuries than an immediate emergency,” Attorney Zachary Tritico said, “however the pain a herniated disk can cause could easily cause one to consider it an emergency situation if confronted with significant pain that one has not previously experienced in their spine.” 

A herniated disk can become an emergency. For instance, if you suddenly lose control over your bowel or bladder, or experience severe muscle weakness or paralysis, this could indicate a serious neurological issue like cauda equina syndrome. Other red flags include numbness in the inner thighs, buttocks, or perineum and pain so severe that it doesn’t respond to medication. These symptoms could indicate nerve compression that could become permanent without immediate surgery. 

What Worsens a Herniated Disk? 

A herniated disk is a pretty sensitive injury, so even minor activities can cause irritation or worsen your condition. For example, sitting for long periods of time, especially with poor posture, can cause extreme pressure on the spine and make symptoms worse. Activities like heavy lifting and repetitive twisting or bending can also cause additional strain on spinal disks. Additionally, obesity can increase stress on the spinal column, and smoking impairs blood flow and oxygen delivery to spinal tissues, potentially slowing the healing process. 

Managing the Injury 

Can a Herniated Disk Be Cured? 

While a herniated disk can usually be treated, it may not be entirely accurate to describe them as being “cured.” For many people, physical therapy, rest, and medication can relieve symptoms within a few weeks to months, and they may never need surgery. However, these non-invasive treatments don’t work for everyone. With more severe injuries, people may experience chronic pain or ongoing nerve issues in which surgery may become necessary. 

Herniated Disk Home Treatment and Pain Remedies 

If you have mild to moderate herniated disk symptoms, you can try to manage your pain at home. However, you should always consult with your doctor to decide the best treatment plan for your injury. If you choose to go this route, over-the-counter anti-inflammatory medications, such as ibuprofen or naproxen, can help reduce pain and inflammation, and applying a heating pad and ice pack alternately can relax your muscles and reduce swelling. 

Gentle stretching and simple exercises like yoga, walking, or swimming are great ways to improve flexibility and circulation. It may even be worth it to make ergonomic adjustments at home or work such as using chairs with lumbar support or adjusting desk height to help alleviate stress on your back.  

Again, home treatments can be useful, but these should only be solutions if recommended by your doctor. Ignoring symptoms or delaying medical treatment can worsen the condition of your injury. 

When to Seek Treatment (and What Treatment Looks Like) 

If you suspect a herniated disk, it’s important to see a doctor as soon as possible. If symptoms persist for more than a few weeks, worsen over time, or significantly interfere with daily activities or employment, it’s time to revisit! Physicians will typically begin with diagnostic imaging such as X-rays, MRI scans, or CT scans to confirm the diagnosis and severity of the herniation. Treatment plans often start with physical therapy aimed at strengthening the muscles around the spine and improving mobility. 

With injuries that are more severe, epidural steroid injections may be administered directly to the affected area. As a last resort, surgery may be necessary for those who don’t respond to other treatments. Common surgical procedures include microdiscectomy, in which the portion of the disk pressing on the nerve is removed, and spinal fusion, which permanently joins two vertebrae to provide stability. 

If you plan on filing a personal injury claim, whether it be from a car accident, an injury at work, or if the injury was caused by someone’s negligence, seek medical attention and contact an attorney immediately. Delayed treatment or gaps in treatment can be grounds for the insurance company to deny your claim. 

“A herniated disc is a severe injury,” Tritico said, “and failing to see a physician means that your attorney will have no evidence from your experts, your treating physicians, that properly documents your symptoms or obtain diagnostic imaging to show the extent of your injury.” 

Can You Sue for a Herniated Disk in Texas? 

You can sue for a herniated disk in Texas if the injury was caused by someone else’s negligence. These usually arise after car accidents, workplace injuries, slip and fall incidents due to unsafe premises, and even defective products like faulty chairs or equipment. In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury, but you should contact a personal injury attorney as soon as possible. 

“If you have sustained a herniated disc that was caused by the negligence of another in Texas, you have a right to pursue legal recourse against the negligent party for compensation for your medical treatment and the consequences this injury has on your life,” Tritico said. “If you wish to pursue legal action, it is HIGHLY recommended that you seek the advice of an attorney as the insurance company defending your case will also hire legal counsel to defend your claim.” 

If the injury occurred at work, it might be handled through Texas workers’ compensation, unless the employer does not carry workers’ comp insurance or a third party was involved in causing the injury. In order to establish liability in a successful personal injury claim, you will have to prove that the defendant owed a duty of care, breached that duty, caused the injury, and that the injury led to specific damages. This is why speaking to a qualified attorney is so crucial. They will help you initiate a claim, start treatment, and deal with the insurance companies. 

Does a Herniated Disk Classify as a Disability? 

A herniated disk could qualify as a disability, but it depends on the severity of the injury and the impact on your ability to perform daily tasks or hold employment. Under the Americans with Disabilities Act (ADA), a condition is considered a disability if it substantially limits one or more major life activities, such as walking, standing, lifting, or working.  

In cases of significant nerve damage that lead to mobility limitations or long-term impairment, you may also qualify for Social Security Disability Insurance (SSDI). The Social Security Administration determines eligibility based on whether an individual can no longer perform previous work, can’t adapt to new work, and whether the injury is expected to last at least 12 months or result in death. Meeting SSA’s criteria for spinal injuries typically involves demonstrating nerve root compression, muscle weakness, limited spinal motion, and sensory or reflex loss. Having detailed medical records will play a key role in determining disability. 

How Much Money Can You Get for a Herniated Disk? 

It’s almost impossible to say how much money you would receive for a herniated disk in a personal injury case. Settlements and verdicts vary based on the severity of the injury, the cost and extent of medical treatment, the amount of lost income or reduction of future income, the impact the injury has had on your life, whether the injury is permanent, and whether the defendant’s liability is clearly established. 

“There is no specific amount of money designated for a herniated disc injury,” Tritico said. “The ‘value’ of a claim for a herniated disc injury is determined by many circumstances of your case.  Have you see a physician to diagnose your injury?  Have you followed through with recommended treatment plans provided by your physicians to help you recover?  Has your injury become so bad that your physicians recommends surgery?  Has this herniated disc injury affected your ability to perform your job responsibilities?  Has this injury kept your from enjoying your life?  The answers to these questions, as well as other practical information such as the amount of coverage available from any insurance policies covering the injury, will help determine the value of your case.” 

Workers’ compensation claims generally provide less compensation than personal injury lawsuits because they typically don’t consider the impact the injury has had on your life. However, they can offer structured wage replacement and medical benefits. Basically, a personal injury claim after a herniated disk can range anywhere between a couple thousand dollars to a couple million dollars – it really just depends on the severity of the injury.  

To get full value for your injury, we always recommend speaking to a qualified attorney, maintaining accurate and complete medical records, and avoiding early settlement offers from insurers without legal counsel. Accepting an offer before you realize the extent of your injury can be a costly mistake, and once you accept an offer, your case is closed forever. At Daniel Stark, we want you to go through treatment while we search every avenue of compensation before entering any sort of negotiation with the insurance company because we believe that an injury impacts more than medical bills and lost wages. We don’t just want our clients to learn to cope with pain, we want to help get your life back to normal. 

“Time is of the essence, and failing to seek legal counsel immediately after an injury could delay or disrupt your attorney’s ability to collect valuable evidence for your case,” Tritico said. 

Ultimately, a herniated disk is a serious medical condition that can have lasting physical, emotional, and financial consequences. Understanding the nature of the injury, knowing when to seek treatment, and being informed about your legal rights are essential to protecting your health and financial well-being. If you believe your herniated disk was caused by someone else’s negligence or you are being denied full value for your injury, contacting an experienced and qualified personal injury lawyer is the most effective way to get the outcome you deserve.