Thousands of workers each year injure their backs in on-the-job accidents. Griffin Law Firm, P.C. helps injured workers navigate the workers’ compensation system, including filing an appeal after an initial claim is denied. Contact us today. There are many challenges with these claims, including proving that your injury occurred while working and not while at home or on vacation. Our Snellville workers’ compensation lawyer explains more in this post.
When Can You Qualify for Back Injury Workers’ Compensation Benefits?
You can receive workers’ comp benefits when you suffer an injury from a work accident, provided your accident occurred while you were doing your job duties. The Workers’ Compensation Act in Georgia states that a work injury is compensable if you are injured by accident in the course of and arising out of your employment. If your injuries are serious enough to require medical care or time off from work, you need to call a workers’ compensation attorney for a free consultation.
Back injuries are one of the more common work related injuries. Some of the most common types of back injuries include the following:
Back Strain
This is a common injury where you strain a muscle or ligament by lifting heavy objects, overexertion, or twisting in an awkward fashion. Some people strain a muscle when they slip and wrench their backs to stay on their feet.
Less dramatically, office workers can suffer a back strain due to poor ergonomics. You might have an uncomfortable chair that does not provide sufficient back support, leading to back pain after long 10-hour days.
Back strain should heal on its own, but it’s critical to rest while you feel pain. Some workers “power through” the pain, only to end up with a more serious injury.
Bulging Discs
Soft discs are slotted in between vertebrae in your spine to provide cushion when you bend over or twist your back. These discs can bulge or become displaced after an accident, such as a fall or a struck-by accident involving a piece of machinery, like a forklift.
A bulging or herniated disc can lead to constant pain and ultimately restrict your movement. Treatment is usually focused on managing pain and reducing swelling, but some workers need surgery.
Fractured or Cracked Vertebrae
There are 33 vertebrae in the spine, which provide protection to the spinal cord running through the center. However, traumatic accidents can fracture these bones like any other bone in the body.
You could experience spinal instability and blinding pain. Treatment will involve stabilizing the spine, possibly with bracing or by inserting liquid cement into the crack.
Vertebral Dislocation
Trauma can displace one or more vertebrae, which is a scary injury. When vertebrae move out of alignment, they put pressure on the spinal cord and the nerve roots that branch off it. You can experience paralysis, pain, and impaired movement. The main goal is getting the vertebrae back into alignment and stabilizing the spine.
Sciatica
The sciatic nerve runs from the lower back down through a person’s legs. You can experience numbness, tingling, or pain when the nerve is pinched, often due to vertebral dislocation, herniated discs, or other trauma to the region. Sciatica might seem like a relatively “minor” injury, but the pain can make working too difficult.
Spinal Cord Injury
This is one of the most consequential on-the-job injuries. Any damage to the spinal cord can lead to impaired sensation or movement, or both. A spinal cord injury is often the result of a major accident, including motor vehicle collisions, explosions, or falls from a roof.
Spinal cord injuries vary widely in terms of severity and duration. The most serious is total paralysis, usually from the neck down, which is called quadriplegia. If the spinal cord is cut in two, then the disability is permanent.
Less serious spinal cord injuries involve compression or damage to the cord, with a worker retaining some movement below the injury site. An incomplete injury is still serious, but a worker might regain at least some functioning. Medical care is often expensive and runs into the millions of dollars.
Other Back Injuries
There are too many back injuries to list, but any one of them could qualify for benefits. The key consideration is whether you were injured while working.
Many people injure their backs when they fall on the job, while others slowly develop back problems due to repetitive motion or uncomfortable chairs. Talk with an experienced workers’ compensation lawyer if you have questions about whether you qualify for benefits.
What should you do immediately after being injured in a work accident?
- Tell your supervisor about your work accident and injury.
- Tell your co-workers’ that you were hurt on the job.
- Get the contact information for any witness to the accident.
- Go to the Emergency Room if your injuries are severe.
- Ask your employer for its list of doctors called the Posted Panel of Physicians
- Hire a workers’ compensation attorney
How can an experienced workers’ compensation attorney help you with your claim?
- File the WC-14 Notice of Claim with the State Board of Workers’ Compensation.
- Help you select the best doctor from the Posted Panel of Physicians.
- Fight to make sure your medical treatment is authorized and paid for by the workers’ compensation insurance company.
- Fight to make sure your weekly income benefits (lost wages) are paid timely and for the right amount.
- Negotiate a lump sum workers’ compensation settlement that fully compensates you for your workers’ comp claim.
Were You Denied Workers’ Comp Back Injury Benefits?
Many workers submit a workers’ compensation claim following an accident, only to receive a denial notice. There are many reasons why:
- Preexisting injury. The insurance company might think you really were injured outside of work, regardless of the workplace accident.
- Lack of medical evidence. The insurance company wants to see sufficient proof that you are injured. You might not have submitted adequate medical evidence.
- Delayed reporting. Georgia requires that you report your workplace accident within 30 days. If you wait too long, your claim can be denied.
- Intoxication or drug use. Although benefits are usually no-fault, you could be denied if you were drunk or intoxicated when injured.
You should receive notice explaining the denial. Read it closely and then preserve it to share with your attorney.
Evidence for a Back Injury Workers’ Compensation Claim
The most common evidence will help establish that your injury is work-related, as well as its severity. We usually rely on:
- Witnesses to the accident. They can help establish how you were hurt while working. We might also look for security camera footage that captured the incident.
- Medical records. Full and complete medical records show the cause of your back pain. Medical records can also establish that you are not really suffering from a pre-existing injury.
- Family and friends. Those who know you best can testify about how the accident is disrupting your ability to work.
- Vocational expert testimony. These experts can review your impairment and analyze whether you can work a different job.
Choose the Right Legal Team for Your Needs
Do you have questions about a workers’ compensation settlement back injury? If so, reach out to Griffin Law Firm, P.C. Our firm is ready to help anyone struggling with an employment-related injury, including those involving the back. We can help get your claim approved and negotiate a settlement for fair compensation. Contact our office to schedule a free consultation.