Injuries to the back are some of the most frequent and difficult ones to treat in the US. Everything from the annoyance of a pulled muscle to a spinal cord injury is considered When these accidents occur at work, the employer is typically liable for covering all costs associated with the healing process.
If you suffered a back injury at work and are now trying to recover, you probably want to know how much money you will get from your workers’ compensation settlement.
This is a common question. As a skilled workers’ compensation lawyer, allow me to state that there is no “typical” sum of money to receive as settlement for a back injury. Every case, just like every injury, is unique. I can share the typical payouts for back injuries based on data-driven research carried out by various organizations and third parties, although it is challenging to provide accurate estimates without knowing the specifics and nature of an injury.
Workers’ comp covers back pain stemming from accidents as well as repetitive motion. The challenge is proving that the pain is work-related.By
Back injuries are among the most common workplace injuries, according to a survey by Martindale-Nolo. Whether your back injury is the result of an accident or repetitive strain over time, the resulting pain can be debilitating, making it hard or even impossible to perform your job duties. Back pain is a leading cause of work-loss days as well as work limitations for employees in the U.S.
Workers compensation will likely cover your medical costs and a portion of any lost wages as a result of your inability to work if you suffered a back injury at work. But before you can receive any benefits, there are a few obstacles to clear. The most crucial of these is demonstrating that your injury actually stems from your job and isn’t—contrary to what insurance companies and employers frequently claim—the result of a pre-existing condition or something you did on your free time.
Types of Back Injuries Covered by Workers’ Comp
Back pain at work is frequently brought on by repetitive stress or strain in addition to back injuries sustained during on-the-job accidents, such as falling from a ladder. Long periods of standing or sitting can also result in these types of injuries, which are typically brought on by repetitive lifting, lowering, or twisting.
Workers who engage in physical labor, such as those employed in manufacturing, construction, or healthcare, are more likely to suffer accidents and repetitive strain injuries. For instance, a worker in a factory may fracture her spine after being struck by machinery, or a nurse may experience back pain from frequently lifting and moving patients.
But those with jobs that require a lot of sitting down can also be at risk. For instance, long-haul truckers sit for long periods of time without using their back muscles, putting additional strain on their spine when they finally arrive at their destination and unload heavy cargo. Even office workers who sit at a desk all day can develop back injuries from poor posture.
Proving That Your Back Pain Is Work-Related
You must demonstrate that your back pain is “work-related” in order to receive workers compensation benefits. An accident is typically regarded as work-related if it occurred while you were performing a task for the benefit of your employer. The accident need not occur at your workplace, but it must occur while you were employed.
Insurer Claims of Pre-Existing Conditions
Workers comp insurers may claim that your back pain is not work-related, but is instead the result of a pre-existing condition. For example, they may point to a car accident that happened while you were off duty, an old sports injury, or simply the effects of aging on the spine.
If your new injury worsened your previous one, workers compensation may still pay for it even if you already have one (although you might not get as much money). You might be able to prove that your back pain was caused by carrying out your job duties rather than other purported pre-existing conditions, like the effects of aging.
Tell your medical professionals that you believe your back injury is work-related and provide details on how and why to improve your chances of receiving workers’ compensation benefits.
Evidence to Show That Your Injury Is Work-Related
You can use the following information to demonstrate that your back injury was brought on by your job rather than a pre-existing condition:
- signed medical records confirming your diagnosis and the connection between your back injury and your job
- statements from coworkers and other individuals who witnessed the accident or who observed you performing the same repetitive actions day after day or who saw the accident occur
- security footage from your place of employment that demonstrates the mishap or the circumstances leading to your back injury, and
- prescriptions and treatment plans provided by your physician.
What to Do When You Experience Work-Related Back Pain
Back injuries brought on by traumatic events like falls are typically easy to identify, but repetitive stress or strain injuries can be more difficult to identify. They might develop gradually and manifest as tingling or numbness, sore muscles, or pain running down your leg. You should get help right away if you have back injury symptoms. In contrast to common illnesses like colds that get better on their own, back pain usually gets worse if not treated.
Additionally, if you promptly address your claim, workers comp insurers are more likely to accept it. If you wait, your insurer may argue that your injury wasn’t serious or that it was brought on by activities you engaged in during the interim that weren’t related to your job.
Additionally, you must notify your employer of your injury as soon as possible. This begins the workers comp process. State-by-state reporting deadlines differ, but in some states you may only have a short window of time to file your claim before it is completely lost.
The forms for filing a workers’ compensation claim will then be given to you by your employer, who may also fill them out for you in some circumstances. Once more, states have strict deadlines for employees to submit workers’ compensation claims, so submit your claim as soon as you can.
Hiring a Workers’ Comp Lawyer
Despite the fact that the majority of workers with back injuries eventually receive compensation, many must appeal their initial denials. The appeal process can be time-consuming and complex. If you hire a workers’ compensation attorney to assist you, you may be able to receive much greater compensation than employees who do not.
Workers%20comp%20lawyers%20typically%20charge%20whats%20known%20as%20a%20%22contingency%20fee,%22%20which%20is%20a%20certain%20percentage%E2%80%94usually%20about%2015%%E2%80%94of%20your%20overall%20settlement%20or%20award As a result, you won’t have to pay anything up front, and if you lose, you’ll only be responsible for filing fees and copying costs rather than hourly attorney fees. Workers who have a lawyer to help them navigate the workers compensation process typically receive more in compensation even after accounting for the contingency fee. Legal Information & Books from Nolo Workers Compensation.
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FAQ
Is back pain a work related injury?
Lower back pain is serious, and the workplace is frequently to blame for it. Back injuries are among the most frequent workplace accidents and a major reason for missed work, in fact. Back injuries can be “specific,” brought on by a specific event, or “cumulative,” resulting from trauma that develops over time.
How much money can you get from a back injury?
The typical settlement for sprains and strains of the lower back ranges from $10,000 to $50,000. Our personal injury lawyers can evaluate your case using a national database that they have access to.
What to do if I hurt my back at work?
Inform your employer or supervisor right away if you suffer a back injury at work. You must report injuries that develop gradually as soon as you realize they are related to your job. To complete and submit your claim, your employer ought to have the required paperwork (DWC1).
How long can you be out of work with a back injury?
How Long Can I Miss Work Due to a Back Injury? Inform your employer as soon as you notice any back pain or symptoms. You can take a week or two off of work if you have minor back pain. You could miss four weeks or more of work if you have severe back pain.
Workers’ Compensation Settlements for a Back Injury
Reference:
https://www.nolo.com/legal-encyclopedia/workers-comp-benefits-back-injuries.html
https://www.healthcentral.com/condition/back-pain/workers-comp-back-injuries-faqs