Back injuries are complicated and confusing. In fact, many employees are unaware of the fact that they're entitled to claim workers' comp benefits when sustaining an injury of this nature at the workplace. However, there's no need to push through the pain, forget about it, and carry on as normal. There is a solution to aid the recovery process.
Even if the injured worker reports the incident to their employer, who subsequently ignores the matter, the employee is entitled to a workers' comp claim. Keep reading to learn more about how to prove a back injury at work. Schuerger Shunnarah Trial Attorneys can also give details on workers comp knee injury settlement.
Common Workplace Back Injuries
Back injuries are one of the most common workplace injuries suffered by employees in the US. The most common injuries are musculoskeletal disorders, which include:
Sprains: A sprain occurs when the ligaments tear due to sudden movement.
Strains: Strains take place when someone has overstretched or overused muscles.
While these are the most common work-related back injuries, transportation-related injuries also contribute significantly to the stats.
No matter how the back injury occurred, missing work equals lost wages. Injury equals medical expenses. While it may not always be as simple as submitting a workers' compensation claim, injured employees may expect their employer and insurance company to take care of them and their families while they concentrate on recovering after an injury sustained at work.
What Causes Back Injuries at Work?
There are many factors that can cause back injuries, such as:
Force - Exerting too much force when moving or lifting heavy objects
Repetitive motions - This often leads to injury or muscle fatigue
Lifting heavy objects
Walking or standing for extended periods of time
Working with heavy machinery
Slip and fall accidents
Falling from elevated platforms
Being hit by flying or falling objects
Being thrown around by the impact of an explosion
How to Prove a Back Injury at Work
Proving that a back injury occurred at work is often challenging because the employer's workers' compensation insurance often goes above and beyond to prove that it didn't happen at work. This is especially the case when the injury suffered was severe.
In order for injured workers to prove it is a work-related accident, they will need to demonstrate at least one of the following:
The condition is a result of performing their work and the work environment.
Work conditions resulted in the injury persisting longer or worsening.
As can be seen, the injury does not need to be a completely new injury sustained while on the job. If the injury worsens as a result of work, it's still possible to recover workers' compensation benefits. However, this can be challenging, and the expertise of a skilled lawyer is highly recommended. This is especially true for back injuries, which are more complex due to the various causes and possible effects.
Anyone who has suffered a back injury or the injury happened because of the employer's negligence should follow these steps to increase their chances of receiving compensation:
1. Report the Accident Immediately
It's vital to report the injury to the employer as soon as possible. Different states have different timelines under which this must be done; however, it's always recommended to report the incident and the injury immediately after it happened, as delaying the process will only hurt the claims process.
2. Get Medical Care Right Away
While many workers think nothing is wrong after the accident, it's imperative to seek medical attention. This is not only for health purposes. The medical records will serve as a strong form of documentation or evidence when evaluating the workplace injury claim.
Make sure the medical record contains all necessary information, such as any tests that were undergone, treatments received, the type of injury sustained, and the date and time the accident and treatment took place. These details are all crucial when it comes to filing a successful workers' comp claim for a work-related back injury.
Furthermore, while many employees may not feel pain or trauma after the accident, the symptoms or side effects often show up later. Thus, it's essential to ensure the best chance of recovery by being examined by a medical professional right away.
3. Contact a Workers' Compensation Lawyer
Do not underestimate the importance of contacting a lawyer. Insurance companies are often reluctant to pay out injury-related expenses and will often do everything possible to minimize the amount of compensation awarded to injured workers.
By having a reputable workers compensation attorney, victims can have peace of mind knowing someone is in their corner to fight for their rights while they recover. Skilled lawyers have experience negotiating with intimidating insurers and will not succumb to any pressure in an attempt to accept lower compensation.
4. Follow the Doctor's Orders
While this might not seem very important, it is. By not following the doctor's instructions, the chances of a workers' comp claim being rejected will be increased.
Recovering from an injury may be frustrating, especially when there are restrictions placed on one's activity, diet, and professional career. However, following the doctor's orders will ensure the best possible chance at recovery and receiving maximum compensation for the work-related injury.
Contact a Reputable Workers' Compensation Lawyer for a Free Consultation
Anyone who has suffered a back injury at work and feels their employer is taking advantage of the situation and avoiding responsibility needs to contact a qualified and experienced attorney to handle the workers' compensation claim and get the compensation they're entitled to. They can also go over how long does workmans comp last.
With proper legal representation, injured workers can rest easy knowing there is someone on their side to fight for their rights and navigate the complex legal system. At Schuerger Shunnarah Trial Attorneys in Nashville, Tennessee, our team of dedicated legal professionals is ready and willing to go to war for you! Contact us today to schedule a free case evaluation and get the compensation you deserve.