Back injuries can result from specific events like falling off a ladder or tripping and falling over a tool on a factory floor. Back injuries can happen because of repetitive strain or stress on one’s back. For example, medical staff can strain or sprain their back from lifting patients. Factory workers may experience stress fractures from standing for extended periods on unforgiving floors. When those injuries occur, you need the help of a Santa Ana workplace back injury lawyer to ensure your rights are protected. Our workers’ compensation attorneys could help you get the benefits you need to recover.
In California, workers’ compensation is no-fault, meaning injured employees do not have to prove negligence to receive benefits, and they do not pay for insurance coverage. Anyone injured at work should seek medical attention. Depending on the severity, someone may call 911, or the injured employee may visit a medical facility. Although employees have up to 30 days to report an injury, they should immediately inform their employer of an injury and complete form DWC-1.
Employers submit the form to their insurance carriers, who evaluate the claim. Insurers usually respond within two weeks, indicating whether the claim is approved or denied. If a claim is denied, contact an experienced Santa Ana attorney who can advocate for compensation for the back injury.
Back injuries are one of the most common workplace injuries. They are also one of the most contested. Insurers often deny compensation, indicating that the back injury is a pre-existing condition or the result of a non-work-related accident. Even if approved, the compensation may be insufficient for the injuries. Workers’ compensation may include the following:
Medical expenses such as hospital stays, physical therapy, and diagnostic tests are covered under medical compensation. These expenses may range from basic X-rays to more advanced tools such as bone scans and nerve studies. Out-of-pocket expenses such as in-home care, transportation, or medical aids, such as crutches, are also covered.
Documenting expenses and keeping receipts provide essential evidence to establish medical expenses. Coverage can cover current and future expenses if the injury results in long-term impairment. A skilled attorney can help advise on the documentation needed to recover medical expenses.
Back injuries may require time away from work. If the injury prevents injured employees from returning to work, they are entitled to partial wage recovery. Workers receive two-thirds of their weekly wage up to the state-established maximum. The maximum is adjusted at the start of each calendar year.
Employees with temporary disabilities can receive compensation for up to 104 weeks or about two years. If the disability is permanent, the length and amount of compensation depend on the severity of the injury. A knowledgeable lawyer in Santa Ana could advocate for reasonable compensation for a workplace back injury.
Many back injury claims are denied because insurance companies believe the injuries were from a pre-existing condition. They may also indicate that the injury happened on an employee’s personal time. Receiving a denial is not the end of the process. You can appeal the denial; however, you will deal with the insurer’s attorneys. Contacting a Santa Ana workplace back injury lawyer to represent you during the appeal process protects your rights.
