Back pain is a persistent side effect of working long hours in the workplace. But did you know that back injuries are the most common type of workplace injuries? In California, back injuries account for a significant portion of workers’ compensation claims. According to the California Department of Industrial Relations, back injuries represented approximately 20% of the state’s nonfatal occupational injuries and illnesses.
This fact underscores the importance of understanding the intricacies of workers’ compensation for back injuries, ensuring that affected workers receive the support and resources they need to recover and return to work. But first, we need to understand its nuances before you can claim it.
Workers’ comp back injury: What qualifies as a back injury?
It is imperative to understand that while mere back pain isn’t covered under workers’ comp in California, however, prolonged pain might be covered by it. Under California law, different types of injuries qualify as back injury. For example, back injuries sustained in the workplace can be caused by a specific event (tripping on a staircase) and/or back pain caused by repetitive stress or strain. These types of injuries, known as “cumulative trauma,” can result from repetitive lifting, lowering, or twisting, or can even be caused by standing or sitting for long periods.
Workers who perform physical labor, such as those working in factories, construction sites, and hospitals, are at an increased risk. For example, a factory worker could sustain a spinal fracture when a piece of equipment strikes them, or a nurse could strain their back as a result of repeatedly lifting and moving patients.
However, sedentary workers are also susceptible to risks nowadays. For example, office workers can experience back injuries due to poor posture while sitting at their desks all day.
Most common types of back injuries!
The most frequent types include sprains and strains, herniated discs, and fractures. Understanding these injuries helps prevent back injuries at work, ensuring better spinal health and overall well-being. By taking the necessary precautions and seeking appropriate medical care, individuals can protect their backs and maintain a higher quality of life.
Herniated disc
Herniated discs are one of the most common workers comp back injuries. Our vertebrae contain a gel-like substance between discs. This gel is contained on the outside of the disc by a fibrous cartilage on. When this cartilage gets a tear, the gel sticks out. This is called a herniated disc, and is also known as a slipped disc.
Nerve compression
When a nerve is squeezed or compressed, nerve compression occurs. It happens at a single location, and affects nerves in torso, limbs, and other extremities. Common symptoms include pain, numbness, muscle weakness.
Spinal cord injury
A spinal cord injury usually is damage to any part of the spinal cord or nerves at the end of the spinal canal (cauda equina). It often causes permanent damage and changes strength, sensation, and other body functions in the lower half of the body.
Paraplegia
Paraplegia is the inability to move the lower parts of the body voluntarily. It causes impaired mobility and affects the toes, feet, legs, and abdomen.
Back strain
A strain refers to an injury affecting either a muscle or a tendon. Tendons are robust, fibrous tissues that connect muscles to bones. When a back strain occurs, the muscles and tendons supporting the spine become twisted, pulled, or torn, leading to discomfort and pain.
Back sprain
A back sprain involves stretching or tearing a ligament. Ligaments are fibrous bands of tissue that connect bones at a joint, helping to prevent excessive joint movement.
Common causes of workers’ comp back injuries!
What exactly causes these injuries in the workplace? Let’s dive into the most common culprits. Picture this: you are lifting a heavy box and suddenly feel a sharp pain in your back. Ouch! Heavy lifting and repetitive movements are major offenders regarding workplace back injuries. Add poor posture, slips, and falls into the mix, and you have a recipe for trouble. Even something as simple as sitting or standing for long periods or using poorly designed workstations can lead to back strain and discomfort. By understanding these common causes, we can take proactive steps to create a safer work environment, implement ergonomic solutions, and promote a culture of well-being.
How can you prove that your back injury is work-related?
One of the most common questions is “I hurt my back at work. Can I sue?” You can’t unless it happens at the workplace or is related to your work. When securing Workers’ Compensation benefits, proving that your back pain is work-related is essential. There’s no one-size-fits-all payout for a back injury at work; every case is unique. An injury is considered work-related if it happened while doing something for your employer’s benefit. Interestingly, the injury doesn’t have to occur at your worksite, but must happen during employment.
To show that your worker’s comp back injury is work-related, you can use:
- Signed doctors’ notes that explain your diagnosis and confirm that your back injury is job-related.
- Statements from co-workers who witnessed the accident or know about the repetitive nature of your job.
- Security footage of the incident that verifies the injury was work-related.
- Prescriptions and treatment plans from your doctor.
There are different types of workers’ comp back injuries. Those caused by a specific work-related event are usually straightforward regarding Workers’ Compensation benefits. However, injuries from repetitive motions, causing stress and strain, are trickier to prove since they develop over time. Examples include numbness or tingling, aching muscles, or pain radiating down the torso.
Remember, there’s no average Workers’ Compensation settlement for a back injury; each case is assessed individually. A trusted workers’ compensation lawyer can help you proceed with this case better and navigate the path of the claim process seamlessly.
Profound Effects of Back Injuries: How much can a back injury cost you?
Have you ever thought about how much workers compensation back pain could actually cost you? From medical bills and lost wages to the emotional toll and decreased productivity, the impact can be pretty significant. It’s essential to understand these hidden costs so we can better appreciate why prevention and effective treatment strategies matter.
Decreased quality of life
The most considerable cost you will incur with workers’ comp back injuries is a reduced quality of life. The constant back pains and nagging aches can distract you from the important things. It will also prevent you from delivering your best at your workplace, further affecting your mental and emotional health.
Medical bills
Medical bills are one of the biggest costs incurred for workers’ compensation for back injuries. Constant trips to the hospital, room charges, doctor visits, and diagnostics all add up to a hefty medical bill. You need to cover the initial costs, which can later be claimed through workers’ comp, provided they are workplace-related.
Time off work
One of the biggest worries of all employees is when they are asked to take time off due to their workers’ comp back injuries, for no fault of their own. This results in wages being lost, which results in profound financial implications, especially with surmounting medical bills. Did you know that in 2022, California reported 419,300 nonfatal workplace injuries and illnesses in private industries, with an incidence rate of 3.6 cases per 100 full-time workers? This estimate includes the time lost during the year from disabling injuries. Still, it excludes time lost on the day of the injury, the time required for further medical treatment, or check-ups following the injured person’s return to work.
Treatments
If your doctor thinks a specific condition is behind your back pain, they might order a few different tests to get to the bottom of it:
- X-ray: This helps check if your bones are properly aligned and can spot arthritis or fractures. Just a heads-up, it won’t show issues with your spinal cord, muscles, nerves, or disks.
- MRI or CT scans: These scans give a detailed look at what’s going on inside, revealing herniated disks and any problems with bones, muscles, tissues, tendons, nerves, ligaments, and blood vessels.
- Blood tests: These can identify infections or other conditions that could be causing your pain.
- Bone scan: In rare cases, your doctor might use this to detect bone tumors or compression fractures from osteoporosis.
- Nerve studies: Electromyography (EMG) measures the electrical signals from your nerves and how your muscles respond. This test can confirm nerve compression from herniated disks or spinal stenosis.
These tests help your doctor determine the root cause of your back pain and create a plan to get you back on track, without incurring further medical expenses.
I Hurt My Back at Work! What Should I Do?
First, if you experience a back injury at work, you must report it to your employer immediately. This helps avoid any delays in receiving benefits, including medical care. Remember, you have 30 days to report your injury, or you might lose your right to Workers’ Compensation benefits.
Once you have reported your workers’ comp back injury, your employer should provide you with a Workers’ Compensation claim form (DWC). Fill it out accurately and return it promptly to ensure your rights are protected. Your employer must provide you with medical care, even if you don’t miss any time from work.
In California, Workers’ Compensation benefits cover medical treatment, temporary disability benefits, permanent disability benefits, and more. Your employer must pay for medical care, and you may be eligible for benefits even if you’re a temporary or part-time worker. It’s also illegal for your employer to punish or fire you for having a job injury or for requesting Workers’ Compensation benefits.
If your claim is accepted, you will receive medical treatment and benefits to help you recover and return to work. If your claim is denied, don’t lose hope—you can still appeal the decision and seek legal assistance to navigate the process.
Understanding California’s Workers’ Compensation system is essential for ensuring you receive the support and benefits you deserve.
How The Law Office of Joseph Pluta Can Help You
One of the most significant challenges in claiming workers’ compensation benefits is proving that your back injury is genuinely work-related. Insurance companies and employers often argue that the injury resulted from a pre-existing condition or something you did during your personal time. This can make the process frustrating and complicated.
That’s where the Law Office of Joseph Pluta can be a game-changer. Our experienced workers’ compensation attorney can help gather the necessary evidence to demonstrate that your injury is job-related. This might include obtaining medical records, securing statements from co-workers, and even collecting security footage. They can also guide you through the claims process, ensuring you meet all deadlines and comply with legal requirements. With a skilled attorney, you can confidently claim your workers’ compensation and maximize your chances of receiving the benefits you deserve.
Conclusion
From recognizing the common causes of back injuries to navigating the claims process and proving that your injury is work-related, each step plays a crucial role in securing your rights. By staying informed and seeking professional assistance when needed, you can confidently navigate the complexities of workers’ compensation and focus on your recovery. Remember, taking proactive steps to protect your back and maintaining a safe work environment can go a long way in preventing back injuries at work and promoting overall well-being.
