Workers' Comp: Back Injury Claims

If you’re suffering from a back injury due to a workplace accident, then you may also be suffering lost wages, facing numerous medical expenses, and you may have to deal with possible disputes with your employer and its workers’ compensation insurance company. 

At the Law Office of Charles L. Powell PLLC, I can help you resolve disputes over disability income, and help pursue the benefits to cover your injury-related costs and medical and prescription needs. My name is Attorney Chip Powell, and I have 40 years of legal experience in litigation. I am ready to assist you in filing your claim and dealing with the insurance company.

Common Causes of Back Injuries in the Workplace

While every work environment is different, there are some common mistakes or accidents that can lead to back injuries in any workplace:

• Turning bedridden patients
• Slip trip and falling
• Using poor body mechanics
• Twisting while reaching for or carrying heavy objects
• Lifting heavy equipment or products
• Repetitive strain or movement with little or no rest
• Car crashes while on duty

Navigating Your Back Injury Claim

There are different types of back injuries. Some are herniated disks and may require surgery. Some involve pain at the injury location but also involve pain going down a leg – even though the leg wasn’t hurt (this is often called radiating pain or “radiculopathy.”) Some other different types of back injuries include:

• Muscle or mechanical sprains and strains
• Pinched nerves
• Stenosis aggravated at work
• Osteoporosis aggravated at work
• Degenerative Joint Disease aggravated at work
• Vertebral fractures

Does Workers' Comp Cover Pre-Existing Back Injuries?

If you had any previous back injury or previous back treatment, the insurer often is interested to blame that old condition and use that old condition as an excuse to deny your need to be treated for your work injury. The insurer may deny the case in part by blaming your injury symptoms as allegedly caused by “pre-existing” conditions. But you should know:

• Pre-existing conditions are not necessarily felt by the patient or even known to the patient.
• Even MRI and X-ray findings of a pre-existing condition don’t necessarily mean there were any symptoms.
• Any pre-existing condition that is “aggravated” by your work injury is covered by worker’s compensation.