Workers’ Compensation for Back Injury 

According to the National Institutes of Health (NIH), the lower back is one of the most frequently injured body parts for workers in California. Workers who suffer back injuries often struggle to perform their job-related tasks, and the resulting lost income can lead to serious economic pressures. Unfortunately, those aren’t the only potential losses to consider.

A back injury may take away your ability to truly enjoy life, perhaps preventing you from playing with your children or walking your dog. According to the Regenerative Spine and Pain Institute, those with back injuries are also more likely to experience various mental health conditions, including depression and psychosis. Treating your back injuries may prove expensive – especially if you’re already losing income while missing work.

The good news is that most employees can pursue workers’ compensation for back injuries. This article will explore the process of pursuing workers’ compensation benefits for back injuries in California, including types of back injuries, common causes of back injury accidents, and how an experienced workers’ comp attorney can help.

Has a serious back injury left you drowning in medical debt and other expenses? You may be entitled to workers’ comp benefits. Contact Attorney James Koh to schedule a consultation and secure the top-tier legal advice you deserve.

What Qualifies as a Back Injury?

The term “back injury” encompasses many possible medical issues. These issues might involve the spine, nerves, muscles, joints, connective tissue, and many other parts of your back. Back injuries can vary tremendously in severity, ranging from mild sprains to full paralysis. This section will offer a few examples of qualifying back injuries.

Sprains/Strains

Back sprains and strains are common examples of repetitive strain injuries (RSIs). According to Johns Hopkins Medicine, many workers suffer lumbar strains after performing repetitive tasks for weeks, months, or years. A lumbar strain affects the tendons of the lower back, and workers who lift heavy weights are especially vulnerable to this type of injury. Common symptoms of back strains include inflammation, loss of motion, spasms, pain, and discomfort.

Herniated Disks

The human spine contains numerous disks that separate the vertebrae. A herniated disk occurs when one of these soft cushions slips out of place. Common symptoms include numbness or weakness in the limbs, especially if the slipped disk puts pressure on a nerve. Usually, the symptoms are limited to one side of the body. While herniation often occurs due to our natural aging process, young people can also suffer this injury after performing physically demanding tasks, such as lifting, twisting, and turning. According to the Mayo Clinic, a herniated disk is a common type of RSI.

Fractures

The spine contains numerous bones that are vulnerable to fractures. The vertebrae are perhaps the most important bones in the spine, and workers can break them in various ways. One example is a compression fracture, which occurs when the vertebrae collapses. Workers may also suffer burst fractures, which occur when vertebrae shatter explosively, sending shards jutting out into the surrounding nerves and spinal cord.

A fracture-dislocation involves both broken bones and torn ligaments, which leads to difficulty healing because the vertebrae slide away from each other. If the spinal cord is sufficiently damaged, you may suffer permanent paralysis and a range of other issues. Unlike repetitive strain injuries, these serious fractures are usually caused by isolated traumatic events rather than gradual degradation.

Stenosis

Stenosis is another type of spinal injury linked with gradual wear and tear. Arthritis can inflame the ligaments in your spine while the normal aging princess simultaneously shrinks your disks. As a result, your spinal column may become increasingly narrow, placing serious pressure on your nerves. This spinal injury causes symptoms such as cramping, pain, weakness, poor balance, and urine/bowel movement issues.

An isolated work accident can trigger stenosis or increase the likelihood of developing it later, but repetitive strain is also a risk factor. Some doctors believe workers exposed to excessive vibrations throughout the day (like from jackhammering) are especially vulnerable.

Spondylolisthesis

If one of your vertebrae slips out of place, you may develop a condition called spondylolisthesis. This injury is often caused by a stress fracture – but not always. When this occurs, the vertebra rests on the bone below, potentially pinching the nerve and causing symptoms such as stiffness, spasms, weakness, pain, numbness, weakness, and tingling. Spondylolisthesis can be either traumatic (caused by a single event) or degenerative (caused by gradual wear and tear). Surgery may be required for workers who develop spondylolisthesis.

What to Do After a Work-Related Back Injury

In the direct aftermath of an excruciating work-related back injury, it can be difficult to think clearly. However, it’s important to understand that there are a few basic steps you need to take immediately after your accident if you want to remain eligible to pursue compensation. We discuss these important steps below.

Seek Medical Attention Immediately

If you experience an isolated, traumatic accident at work, you should immediately seek medical attention. To avoid exacerbating your injuries, it’s a good idea to lie still and wait for first responders to arrive. You may be unaware of just how bad your spinal injury is, and immobilizing your neck could be very important. Allow yourself to be treated and transported to the nearest hospital by first responders, and follow up with any recommended steps.

If you suffer a degenerative back injury caused by repetitive strain, you still need to seek medical attention as quickly as possible. If you fail to see a licensed doctor, your workers’ comp insurance provider may question the legitimacy of your injury. After you seek treatment, doctors will officially document your back injury in your medical records, providing clear evidence of its existence.

File an Official Injury Report

As soon as you are physically able, you should provide your direct employer with an official report of your injury. Be as detailed as possible, and be sure to provide a written report instead of simply having a verbal conversation. If you fail to report the accident in a timely and proper manner, you may struggle to secure compensation.

Get in Touch with a Workers’ Compensation for Back Injury Lawyer

You should also consider getting in touch with a qualified, experienced workers’ compensation lawyer in California after your back injury. These legal professionals can guide you through the next steps so that you can proceed with confidence.

Workers’ Compensation Benefits for Back Injuries

Under California workers’ compensation law, employees who suffer workplace back injuries are eligible to pursue a range of benefits through the workers’ comp claims process. In addition to the cost of immediate medical care, your workers’ comp payout may include a range of other benefits.

Medical Benefits

A fair workers’ compensation settlement should cover the full cost of your medical expenses. This might include emergency transport, hospital treatment, physical therapy, surgery, and any other healthcare costs you might have incurred.

Disability Benefits

Some workplace injuries are eligible for disability benefits. If you miss more than three days of work, you should receive compensation for missed wages on the fourth day. If your injury leads to long-term loss of income, you should receive two-thirds of your normal wages until you return to work. And if you become permanently disabled, you should continue to receive these benefits for the foreseeable future.

Processes for Filing a Workers’ Compensation Back Injury Claim

Although the process of filing a workers’ compensation back injury claim is relatively straightforward, securing all of the benefits you deserve can be challenging. An experienced workers’ compensation attorney can guide you through the following steps:

  • Obtain Form DWC-1. Your employer should provide you with Form DWC-1. If they fail to do this, you can download it online.
  • Fill out your section of Form DWC-1. You should fill out the “employee” section of the form. This includes basic personal information and a brief explanation of the injury/accident.
  • Return Form DWC-1 to your employer. Return the form to your employer. They will then fill out the “employer” section before filing it with the workers’ compensation board.
  • Get access to medical treatment. Continue to access medical treatment. Your benefits should cover the cost of your healthcare needs.
  • Wait for a response from the insurance company. After your employer files Form DWC-1, you must wait for an official response from the insurance company.
  • Take further steps, if necessary. Your claim may be approved or denied by the insurance company. If your claim is denied, you may need to provide additional documents, take additional steps, and appeal the decision.

Injured workers who are struggling to complete this process can benefit from scheduling a case evaluation with an experienced attorney. Working with a dedicated legal professional can help maximize your settlement amount, ensuring your ability to pursue maximum medical improvement.

How to Prevent Back Injuries at Work

Both employers and employees in California play a role in preventing workplace back injuries. While some of these prevention strategies explained in this section are relatively simple, others require significant investment or planning.

The Importance of Proper Posture

One of the most basic ways to prevent back injury is to improve your posture. Whether you’re working at a computer or lifting heavy boxes, adjusting your posture can have tremendous effects. When you improve your posture, you will improve blood flow to the spine while reducing the chances of injury.

Accessing Ergonomic Equipment

You can also prevent back injuries by switching to more ergonomic equipment. Although the average employee may not be able to implement these changes, their employers can reduce their risk for back injuries by upgrading office chairs, tools, and workstations. Even switching to a more ergonomic keyboard could help you reduce repetitive strain.

Modify Repetitive Tasks

Perhaps the most obvious way to reduce strain caused by repetitive tasks is to “switch it up.” Employees can take it upon themselves to modify tasks. This might be as simple as using a different hand to wash a window or changing a shoveling technique. You might also push a cart instead of pulling it. Employers can help by rotating workers and ensuring a wider variety of tasks for each employee.

Take Advantage of Rest Periods

As a California worker, you are legally guaranteed one 30-minute meal break and two 10-minute rest periods. Take full advantage of these breaks to give your back enough time to recover. Avoid overexertion by sitting down, relaxing, and perhaps enjoying a hot beverage when you are able. Do not let your employer pressure you into working throughout the day without breaks – no matter how urgent things seem. It’s not worth sacrificing your back, plain and simple.

Encouraging Healthy Work Culture

Finally, employers can help prevent back injuries by encouraging healthy work culture across their entire organizations. By incentivizing fitness and nutrition, employers save money in the long run with fewer injuries and claims.

Frequently Asked Questions

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From strained back muscles to spinal cord injuries, back injuries present significant risks to workers across industries. California employees who suffer on-the-job back injuries deserve compensation, but securing it isn’t always straightforward. If you have questions about your claim, the best way to find answers is by speaking with an attorney. In the meantime, check out the answers to a few of our most frequently asked questions.

What is the average workers’ comp settlement?

According to the California Department of Industrial Relations, average claims for back injuries can range between $4,000 and $25,000. Your workers’ comp back injury settlement should cover the full cost of not only your missed wages but also your medical treatment. These losses may vary depending on the extent of your back injury.

What are the medical benefits for back injuries?

Medical benefits available to injured employees in California should be comprehensive. They could include the costs of surgery, rehabilitation, physical therapy, drugs, pain medication, and more. Back injuries that lead to permanent disabilities may be eligible for ongoing medical benefits.

Do I need a lawyer if the workers’ compensation insurance company already offered me a settlement?

No law in California states you must get a lawyer for your workers’ compensation claim. However, seeking legal representation is often beneficial – especially when it comes to settlement negotiations. Insurance companies are motivated by their profit margins, and they will offer you a very low settlement if they can get away with it. Your lawyer can help you negotiate a more suitable settlement for your back injury.

Can I get a workers’ comp settlement if my future medical needs are uncertain?

You can obtain a workers’ comp settlement even if your future medical needs are uncertain. However, accepting a settlement offer too early may be inadvisable. Generally speaking, it is best to wait until you reach maximum medical recovery (MMR). At this point, the true extent of your back injury will become clear, and you can more accurately calculate the cost of your future medical needs.

How can you prove your back injury is work-related in a workers’ compensation claim?

Your workers’ compensation lawyer can help you establish that your back injury is work-related. You might obtain a sworn statement from a doctor that highlights the work-related nature of your injury. You might also point to documented work tasks that led to your injury, such as repetitive motions. Proving the connection between your job responsibilities and your back injury should be easy if you seek immediate medical attention and provide your employer with a detailed report. If your workers’ comp claim is denied, your workers’ comp lawyer can help you appeal the decision with new, compelling evidence.

Pursue Workers’ Compensation for Your Workplace Back Injury

If your back injury was caused by work-related factors, you may be eligible for considerable compensation. You may have put your spine on the line for your employer, but now Attorney James Koh has your back.

As a dedicated workers’ comp lawyer serving California, Attorney James Koh will work tirelessly to pursue justice on your behalf, ensuring you have access to high-quality medical treatment, compensation for lost wages, and the full range of benefits you deserve. If your back injury leads to a permanent disability, James Koh will work to establish a financial safety net that lasts a lifetime.

Remember, internet research only gets you so far. Reach out to James Koh to get started with a real plan and ensure you get the compensation you deserve.

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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.