The back is the largest and most complex muscle in the body. It stretches from the top of your head to your bottom, is a one-third muscular and two-thirds connective tissue, and covers over three-fourths of your body. Back injuries are common because a large part of our body is always in use!
A back injury can be quite serious if caused by an accident or repetitive strain injury.
Despite this, people with a back injury cannot receive workers’ compensation benefits due to the severity of their injury and the lack of a medical diagnosis. If you sustain a back injury, your employer is never obligated to pay for your symptoms. This means that you could be stuck with the cost of your medical bills and face the risk of having your wages reduced due to disability.
If you missed any income due to a back injury, you might be wondering how the workers’ compensation settlement for back injuries will work.
The first step is to get treatment for your back injury. This might include physical therapy, chiropractic care, surgery, or pain medication. You can only file for an injury once these treatments have ceased and you still have pain. The injury must be severe enough that you can no longer work, so your doctor identifies the company, and you must have missed a significant amount of time.
When filing for workers’ compensation benefits, your doctor must submit a diagnosis explaining the exact nature of your injury. In most cases, this will include a medical report prepared by a physician or similar professional regarding the nature and extent of the injury. You’ll also need to provide evidence (such as X-rays) showing damage to your back.
If your employer contests any of your workers’ compensation claims, the burden of proof will be on you to prove that you sustained a back injury at work. Employers know this and might try to prevent you from filing for benefits. However, the law is in your favor, and it’s illegal for an employer to fire or lay off an employee for filing for workers’ compensation benefits.
The main benefit of filing for workers’ compensation is that it will help ease the financial burden of a back injury sustained on the job. You’ll be eligible to receive funds to cover medical bills, lost wages, and other costs related to your injury. In most cases, the insurance company will provide compensation for your injury by paying you a lump sum of money.
While this process usually works well once everything is in order, there is a chance that your employer will refuse to pay for a back injury. If this occurs, you’ll need to pursue legal action against your employer by filing a lawsuit against them. You’ll need to prove that your employer should have known that you were injured. You should also mention any abnormal work practices at your workplaces, such as any incidents of low-back pain, prior on-the-job accidents, or other recent injuries.
While you can pursue a legal remedy in court and try to get your employer to pay for the medical bills and lost wages associated with a back injury, these claims are rarely successful.