Workers’ Comp Claims For Back Pain: What To Know
Work can already be hard on your back, but if you are in a car accident, sustain an injury while lifting something or injure your back in any other way, you may need to make a workers’ compensation claim for back injuries. Wondering what to do? Here’s what you need to know.
You Need to Report All Injuries to Your Boss
If you are still working, you need to report all injuries that occur to your employer. You should also make sure to keep your medical records. Ultimately, if your back pain becomes so debilitating that you can’t work, those records can be an essential part of your workers’ compensation case.
Many Workers’ Comp Claims Involve Back Pain or Injuries
If you hurt your back on the job, you’re not alone. Back pain or injury is one of the leading causes of workers’ compensation claims.
That may be because back injuries can occur in such a wide range of ways and in such a wide range of environments. Whether you work in construction, the service industry, or even at a desk job, you may be subject to a back injury during the course of your career.
You Have to Prove That Your Back Pain Is Work-Related
In spite of how common back injuries are, they can be hard to prove. That’s why your best course is to work with an attorney. These specialists know how to present a compelling argument and can structure your case so that the workers’ comp board understands that your back injury is, in fact, work-related.
You Cannot Make a Workers’ Compensation Claim for Pre-Existing Conditions
If you had a pre-existing back issue, your workers’ compensation claim may be denied. If you previously saw a doctor for back pain or complained to colleagues about back pain prior to the circumstances surrounding your claim, the workers’ comp board may use that information to negate your claim.
In these cases, you don’t necessarily want to argue that your job caused your back pain. Rather, you want to argue that your job made your back pain worse.
Repetitive Stress Injuries Can Be More Difficult to Prove Than One-Time Injuries
When your back is injured in a one-time event such as a car accident or a fall at a construction site, it’s often easier to make a claim. However, as you may know from your own experience, you can also get back pain from repetitive movements. For example, someone who works in a factory may incur a back injury from doing the same motion over and over, all day long, for years.
These types of claims can be difficult to prove in a legal setting, so you need to be meticulous and document what lead to your pain and how it affects you. Your doctor and your lawyer can help.
You Shouldn’t Wait to Take Action
Ideally, you should submit your workers’ compensation claim immediately. However, if you’ve waited, you probably still have time to apply for benefits. Minnesota law stipulates that injured employees can file for workers’ compensation up to six years after the injury.
However, if your employer has filed a First Report of Injury form, you need to file for benefits sooner. In these cases, you only have three years to submit a claim. If you don’t start the process within the right time frame, you will lose your chance.
7. Getting Started Is Free
If you need help with your workers’ compensation claim, contact Walz Law Office to set up a free consultation. We can walk you through the legal steps to help you file your workers’ comp claim.