Back injuries are one of the most common workplace injuries. They can happen when lifting heavy or awkward items. Employees can injure their backs by pushing, pulling, or dragging heavy loads. If workers have to stretch, twist, or bend to move objects, they can apply disproportionate pressure, causing muscle strains, ligament sprains, and even bone fractures. A knowledgeable Victorville workplace back injury lawyer could guide you through the workers’ compensation settlement process.
While some back injuries can be treated with pain relievers and rest, anyone suffering from a work-related back injury should seek medical attention. Although they may seem insignificant, back injuries can escalate into more serious ones if not properly treated. A workers’ compensation attorney could help you seek benefits.
Employees who sustain back injuries while at work can receive compensation for medical expenses and lost wages through the state’s workers’ compensation program. If an employer’s insurance carrier approves the claim, injured employees should receive benefits within weeks of an injury.
However, not all back injury claims are approved. Insurance companies may claim the injury is due to a pre-existing condition or occurred outside of work. If a claim is denied, the injured employee can appeal the decision. A skilled Victorville workplace back injury attorney could help negotiate the best possible settlement.
Call 911 if the back injury is severe. Improper treatment can aggravate a back injury. If not incapacitated, an injured worker should seek medical attention as soon as possible for a diagnosis and treatment. An injured employee must notify their employer immediately and submit a DWC-1 form for compensation. The employer submits the form to their insurance carriers for approval.
While waiting for the insurer’s response, an injured person should follow the doctor’s orders and keep all appointments. Ignoring orders or skipping appointments can negatively impact a claim.
While California is a no-fault state, that does not mean an employee can submit a claim, be approved, and receive benefits automatically. Insurance carriers investigate all claims before offering a settlement. Sometimes, the proposed amount is insufficient.
Workers suffering from back injuries should expect the following compensation.
Back injuries are often difficult to diagnose and require tests like X-rays, MRIs, or bone scans. These tests, along with hospital stays, physical therapy, and doctor visits, are included under covered medical expenses. Out-of-pocket expenses, such as in-home care, crutches, and transportation, are also covered.
If back injuries result in temporary or permanent impairment, an injured employee may be entitled to current and future expenses. A knowledgeable workers’ compensation attorney could ensure the benefits cover the medical expenses incurred from a back injury.
If a back injury prevents an injured employee from returning to work, they are entitled to partial wage recovery. They can receive up to two-thirds of their weekly wage, not to exceed the state-established maximum. The amount is adjusted at the start of each calendar year.
If the back injury results in a temporary impairment, an employee receives 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 Victorville workplace back injury lawyer could help you receive the benefits you deserve. The experienced lawyers at Silberman & Lam, LLP understand the stress a workplace injury places on workers and their families, especially if they cannot work because of the back injury. Their efforts could help keep the process moving forward while you heal. Call now to discuss the benefits you need.
