December 17, 2021 | Workers' compensation

Did you injure your neck or back while working? Have you filed a workers’ compensation claim through your employer? If so, you’ve made the right decision.

In most cases, employees are required to file a workers’ compensation claim for injuries sustained on the job. Workers’ comp is a no-fault insurance policy specifically created to reduce the number of personal injury lawsuits filed against employers.

Once you file your claim, your case will be reviewed by the insurance company. They will let you know when your claim is either approved, denied, or if you need to submit more evidence or information. Once your claim is approved, you’ll be given an offer for compensation that may or may not sound fair. Without a lawyer, you’ll have a hard time negotiating for a higher payout.

With a neck and back injuries, you’ll need as much compensation as you can get. Common back injuries can produce many long-term consequences. For example:

• Whiplash. As the most common spinal injury, whiplash can result in long-term chronic pain and stiffness, dizziness, tinnitus, numbness, blurred vision, sleep problems, memory problems, and difficulty concentrating.
• Lumbar spinal injuries. People with lumbar injuries usually recover well, but many experience long-term muscle pain that makes it difficult to sit for long periods of time.
• Thoracic spinal injuries. Thoracic and cervical injuries have a high potential for turning into atelectasis and pneumonia caused by paralyzed respiratory muscles.
• Spinal cord injuries. The long-term effects of a spinal cord injury can include bladder infections, kidney stones, numbness, and muscle spasticity.
• Herniated disc. This is a serious back injury that can lead to permanent nerve damage, paralysis, loss of bladder control, and saddle anesthesia.
• Fractured vertebrae. The biggest long-term effect of fractured vertebrae is chronic pain. Some people get shorter and other people can end up with a forward-curving spine that makes them hunch forward.
• Cervical fractures, dislocation, or radiculopathy. Cervical fractures are serious and can cause paralysis, pain, swelling, and numbness. Radiculopathy can cause long-term neck and shoulder pain that prevent the injured person from lifting much weight and can limit their range of motion of the neck and arms.
• Spinal stenosis. For most people, the most common long-term effects of spinal stenosis is chronic pain.
• Spondylolisthesis. This particular condition is rare, but can cause long-term sciatica and general back pain.

Whether you’ve already submitted your claim or not, here’s how you can avoid getting stuck with a low payout for a back injury that might require extensive financial support.

1. Get a lawyer fast

You might think you only need a lawyer if you’re suing somebody in court. However, you have the right to legal representation for a workers’ compensation case just like you would in a personal injury lawsuit. Unfortunately, many people don’t know they can hire a lawyer, so they don’t.

You might be wondering why you’d need a lawyer to handle a no-fault claim that doesn’t involve a court. It’s because workers’ compensation insurance companies are for-profit corporations and like any other claims adjuster, pay claimants as little as possible.

When your injury isn’t complex and has a predictable outcome (like having a broken finger), you’ll probably be okay without a lawyer. However, back injuries can be serious enough to last for a lifetime and can get progressively worse. There’s a high chance you won’t get enough compensation without a lawyer.

Workers’ comp can be just as complex as a personal injury lawsuit in many regards. If you’re suffering from a serious back injury, you need a workers’ comp attorney.

2. Seek immediate medical treatment

It’s important to seek immediate medical treatment after your injury for several reasons. First, if your injury is severe you might need immediate medical care. Second, waiting to seek medical care will make it seem like you’re not all that injured. Last, if you fail to seek treatment within a reasonable period of time, you could lose your case.

If you have a PCP, see them first. Your employer’s workers’ compensation insurance company has the right to get a second opinion on your back injury. However, they don’t usually require anyone to see a specific doctor. See the doctor you feel most comfortable with and if you need to see another doctor, you can do that when the time comes.

3. Preserve all of your evidence

If there is any evidence you need to preserve, make that a priority. For example, were you issued broken safety equipment that failed and contributed to your accident?

On the other hand, were you prevented from using safety equipment? Did your boss ever send out a company email admitting to knowing about compromised safety equipment or unsafe conditions that were never properly remedied?

Save everything you think is even remotely related to your situation. If your claim gets denied, you will need all of that evidence to pursue a personal injury lawsuit.

4. Be strategic and methodical when building your case

When preparing your case, don’t just submit a bunch of random papers and statements. Take the time to create an organized breakdown of the incident that caused your back injury.

You’ll probably need to do more than just jot down notes from memory. For instance, you might need to do the following:

• Gather witness statements
• Request a copy of security camera footage
• Research your circumstances to find out if safety laws were broken (this could help your claim)
• Brainstorm everything you remember and then construct a timeline of events using bullet points for easy reading
• Make a list of the immediate impact of your injury, future impact, and future financial losses if you’re unable to work for a long period of time

The more organized your paperwork is, the better chance you have at getting proper compensation. Also, the better you can explain your injury and the impact it has on your life, the more compensation you’re likely to receive.

5. Don’t post on social media

Anytime you file a claim with an insurance company, they will look for you on social media as part of their investigative process. Unfortunately, posting about your injury or accident on social media can come back to bite you. For example, other people’s comments can be held against you. If someone jokes that you’re just trying to get money, that won’t look good for you. Also, keep in mind that posting photos of yourself enjoying social events with a neck or back injury could make an insurance company wonder if you’re faking your injury.

To win a neck or back injury workers’ compensation claim, you need an attorney

If you’ve experienced a neck or back injury at work, you need a workers’ compensation attorney on your side. Don’t pursue your workers’ comp claim without talking to legal counsel first.

If you’ve already filed your claim, it’s not too late. Contact a workers’ comp lawyer right away to get the compensation you deserve.

How to Win Maximum Compensation for a Neck or Back Injury Workers Compensation Claim