Most of the time, you cannot sue your employer while applying for workers’ compensation benefits or afterward. Additionally, it is challenging to sue the insurance provider because the law generally prohibits it.
In many instances, that is acceptable because the benefit of the workers’ compensation system is that you don’t need to demonstrate that your employer was at fault in order to succeed.
This means that you are not eligible to file a workers’ compensation lawsuit for pain and suffering damages. You must file a personal injury lawsuit, establish that your employer was at fault, and seek damages for pain and suffering or emotional distress.
The bottom line is that very few workplace injury claims can be settled through a personal injury lawsuit; the majority of claims must be settled through the workers’ compensation system.
Only very rarely will you have the option to choose which system to use to resolve your claim if you filed the incorrect kind of claim with workers’ compensation; in that case, your claim would likely be dismissed and you could likely file a personal injury lawsuit.
Get in touch with a trustworthy workers’ compensation attorney right away if you have questions about your options or simply want competent legal counsel. I repeat: Krasno
Types of Back Injuries Related to Work
Your back is essential to how you function as a whole, so any damage can have a big impact. The following are a few of the most typical back injuries brought on by the workplace:
- Sciatica is a type of back, hip, and outer thigh pain that is brought on by the compression of a spinal nerve root in the lower back.
- Narrowing of the spaces within the spine, known as spinal stenosis, which may put pressure on the spine’s nerves
- One of the most frequent causes of lower back pain is lumbar strains and sprains, which affect the tendons and/or muscles of the lower back.
- Whether they are compressed, bulging, or herniated, the body’s discs protect the vertebrae from injury. They can press into a nerve when they are hurt in one of these three ways, irritating it, which increases pain and frequently results in sciatica.
Employees with physically demanding jobs, such as those in manufacturing, construction, and the healthcare sector, are more likely to suffer accidents and repetitive motion injuries. However, those with sedentary jobs can also sustain workplace injuries. Consider long-distance truck drivers, who sit for long periods of time without using their back muscles, only to have to unload heavy cargo once they reach their destination. Even office workers who sit for long periods of time with poor posture risk back injuries.
Common Ways to Injure Your Back On the Job
There are numerous ways for employees to injure their backs at work, with the following being the most typical:
- Slip and falls
- Falling from a height
- Lifting
- Bending/twisting
- Pushing or pulling
- Vehicle accidents
- Prolonged sitting in a non-ergonomically correct chair
Proving Your Back Pain Is Work-Related In order to recover Workers’ Compensation benefits, you must prove that your pain is work-related. Keep in mind that there is no such thing as an average payout for a back injury at work; each case is different. An injury is usually considered as such if you were doing something to benefit your employer when the incident occurred. The injury doesn’t have to had occurred at your worksite, but it must have taken place during the course of employment. There are ways to prove that your back injury is work-related, including the following:
- signed medical records stating your diagnosis and the connection between your job and your back injury
- Coworkers’ testimonials who witnessed the accident or have knowledge of the repetitive nature of your job
- Security video captured the accident, demonstrating its connection to the workplace.
- Prescriptions and treatment plans provided by your doctor.
There are several different types of back injuries, but those that are brought on by a specific incident at work are usually fairly straightforward to receive Workers Compensation benefits for. However, since they manifest over time and are difficult to link to the cause, injuries brought on by stress and strain from repetitive motions are more challenging to link to the workplace. Examples include tingling or numbness, sore muscles, or pain that radiates down the leg. Never forget that there is no such thing as an average Workers Compensation settlement for a back injury because every case is unique and evaluated according to its own merits.
Professional Help Can Make a Huge Difference
Injured workers with back pain can receive all of the benefits to which they are entitled with the assistance of an experienced workers compensation attorney. The legal representatives of Gordon, Edelstein, Krepack, Grant, Felton A well-informed and strategic legal approach can significantly increase the likelihood of success.
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FAQ
Can I sue my job back pain?
Yes, you can file a worker’s compensation claim against your employer for back pain. You can effectively sue your employer under the worker’s compensation system for your medical expenses and lost wages.
What can I 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 do you know if your back injury is serious?
If you experience: shortness of breath or difficulty breathing, you should see a doctor right away. problems passing stool (poo) or urinating numbness or pins and needles in the hands, feet, legs, or arms
What can you sue your employer for in NY?
- Past and future medical bills.
- Disabilities and permanent impairments.
- Past and future lost wages and benefits.
- Physical pain and suffering.
- Loss of enjoyment of life.
- Diminished earning potential.
- Emotional distress.
- Out-of-pocket expenses.
Can I Sue My Employer for My Injuries?
Reference:
https://www.geklaw.com/news/back-pain-on-the-job.html
https://www.avvo.com/legal-answers/can-i-sue-my-ex-employer-for-back-pain-caused-by-m-1495825.html