An injury to your back can cause pain, limit movement, and could cause permanent disability. When your back injury is related to your work, you are entitled to benefits, but getting what you deserve can be challenging.
Protect your rights by speaking with an Orlando workplace back injury lawyer at Colling Gilbert Wright soon after your accident or diagnosis. Local lawyers, doctors, and other professionals directly familiar with our work recommend our workers’ compensation attorneys because of their skill, concern for our clients, and long record of success.
Types of Work-Related Back Injuries
It is easy to injure your back. Although people who do physical labor or stand for long hours are more likely to suffer work-related back problems, people with sedentary jobs can also hurt their backs at work.
Lifting something heavy or twisting awkwardly can damage back muscles, leading to pain and stiffness. Overuse of the back muscles over time can cause them to spasm. These injuries typically heal eventually, but the following back injuries, among others, can persist and lead to permanent impairment or complete disability:
- Herniated disc
- Spinal stenosis
- Spondylolisthesis
- Spinal fractures
- Damage to the spinal cord
You can aggravate a back injury if you do not receive prompt treatment, so make a report to your employer immediately if you feel pain or stiffness in your back at work.
If your family doctor diagnosed a back issue and thinks it could be work-related, report the diagnosis to your employer immediately. You are entitled to free treatment of your back injury if you make a timely report to your employer, seek treatment from a medical provider approved by your employer’s Workers’ Compensation insurer, and the insurer is satisfied the injury is work-related. Consult our Orlando attorneys for help if your back injury claim is rejected or reviewed.
Why Are Workers’ Compensation Claims for Back Injuries Difficult to Prove?
Back injury claims may be straightforward when they are caused by a fall, an accident, or when there are witnesses who observed you experiencing pain or difficulty moving. Fractures and spinal cord injuries are often easy to prove with simple imaging such as X-rays.
However, many back injuries are muscle strains and tears known as soft tissue injuries that do not appear on standard X-rays. Many back injuries are due to repetitive movements and may appear gradually. Diagnosis relies on your report of symptoms, which allows room for an insurance company to accuse you of exaggerating your discomfort or even lying to obtain Workers’ Compensation benefits.
The experienced workplace injury lawyers at The Florida Firm Injury and Accident Lawyers can compile your medical records and other evidence to prove your back injury claim. They may insist that your Workers’ Compensation physician order specific diagnostic tests that could prove your injury. They might ask you to maintain a pain diary that demonstrates how the injury impacts your work and your life outside work.
Pre-Existing Conditions
Workers’ Compensation insurers may assert that your back injury is due to a pre-existing condition or normal wear and tear on the body. Do not accept this conclusion without speaking with a legal professional.
Florida Statutes § 440.09 allows Workers’ Compensation benefits when a workplace accident or activity aggravated or accelerated a pre-existing injury or condition. However, you must prove that a work-related accident or the tasks you perform at work were the major contributing cause (MCC) of your current condition.
Compensation for Permanent Impairment or Disability
Unfortunately, back injuries may have a permanent impact. If your doctor believes you have reached the point where further treatment will not produce measurable improvement and you are still unable to resume your job, you are eligible for permanent impairment payment or permanent disability benefits.
Your treating physician must assign an impairment rating or certify that you are permanently, completely disabled. If you disagree with the physician’s assessment, you can request another opinion.
In many cases, the workers’ compensation insurance company will agree to a lump sum payment or structured settlement. Negotiating these agreements requires assistance from an experienced back injury attorney in Orlando.
Contact Our Orlando AttorneysIf You Suffered a Back Injury at Work
Back injuries can be difficult to diagnose and treat. Despite your pain and reduced functioning, your employer’s insurer may question your claim or try to force you back to work before you are ready.
When you hurt your back at work, allow an experienced Orlando workplace back injury lawyer to manage your claim. We offer free consultations and take no money unless we win, so get in touch with our workers’ compensation team today.