November 9, 2021 | Workers' compensation

Having an injured back is probably the worst experience anyone could ever go through. Until my injury, I never realized how much I rely on my back for daily activities like standing up, turning over in bed and picking up my clothes.

I was working at a department store and injured my back after falling off a step ladder while stocking shelves. The ladder wasn’t even that tall – I was only two feet off the ground. However, when I fell, I tried to catch myself, but it didn’t work. I ended up with a sprained lower back.

After I fell, my co-worker ran over and asked if I was okay. I didn’t know if I was okay, but I knew I couldn’t move. They had to call the paramedics to get me to the hospital to keep me from making my injury worse.

After a long night in the hospital, plenty of drugs and a painful ride home, I realized my injury wasn’t going to go away anytime soon. So, I started calling attorneys in Omaha and Elkhorn to see if I had a case.

The first two attorneys I spoke with had a heavy case load and couldn’t take my case. However, the third lawyer I spoke with wanted to take my case. He said we could meet the next day at his office for a free consultation, so I made an appointment.

Meeting with my attorney

When I met with my attorney, he asked me all kinds of questions regarding my accident, including:

• Why I was on the ladder
• What I was doing right before I fell
• How I fell off the ladder
• What kind of shoes I was wearing
• If the company has a policy requiring non-slip footwear
• If the ladder was in working order
• If anyone saw me fall
• If anyone had fallen in the same manner to my knowledge
• If I think I might have undiagnosed injuries
• If my employer has workers’ compensation insurance
• He also asked me to describe my injuries, diagnosis, expected treatment requirements, and my prognosis

He advised me that I could file a workers’ compensation claim, but since the ladder was made for home use only, my employer was fully responsible for my injuries. He told me if I filed a personal injury lawsuit, I’d have a better chance at getting properly compensated. So, I said yes, and he filed the lawsuit.

My back injury settlement

My case never went to trial; instead, my employer agreed to settle. My lawyer said he’d meet with my employer and their legal counsel to get me the maximum compensation possible for my injuries. However, he warned me that it would be a process and to stay patient.

After a couple of weeks, my attorney came to me with the first settlement offer, which seemed like a joke. He said not to worry because we can do better. After several more negotiation sessions, my lawyer came to me with what he said was a fair and final offer from my employer: $36,000.

I accepted this offer. My employer compensated me by sending equal payments over a period of three months. I had to wait about a month to get my first settlement check, but I was so happy when it came in the mail.

Compensation for medical bills

Even though I had to pay my attorney a percentage of my settlement for his services, I was still able to cover all of my medical bills. My settlement covered all of the expensive tests, X-rays, and continued physical therapy my insurance wouldn’t cover. It even covered the in-home care I required short-term.

Compensation for pain and suffering

If you’ve never had a sprained back, it’s basically an immobilizing experience; the slightest movement can set off painful muscle spasms. It’s so painful that even just lying still in bed can be too much, but the pain increases whenever you try to readjust your body even slightly.

I was compensated for pain and suffering because it’s painful and challenging to recover from a back injury. You really need to rely on other people for almost everything because it’s hard to move.

I’m glad I talked with an attorney, because I don’t think workers’ comp would have covered me so well. I would recommend hiring an attorney to anyone who has been injured on the job.

The road to recovery can be difficult and slow. Sometimes it seems like your unpaid bills will continue piling up. However, it doesn’t have to be that way. Having an attorney will give you confidence in your ability to get compensated.

You should never have to pay out of pocket for an injury you sustained at work.

If you’ve been injured on the job in any way, contact High and Younes, LLC in Omaha at 402-933-3345.

Workers Comp Lawyers – Elkhorn NE