Neck and back injuries are among the most debilitating since they have such a significant impact on your lifestyle and the overall physical function of your body. When you break a bone, you'll most likely need to modify your activities for a while to allow that body part to recover. It can be difficult to stay off a broken limb or learn to write with your non-dominant hand, but it is typically doable.

Back and neck pain, on the other hand, might make sitting, standing, or even lying down in a comfortable position impossible. It can make it difficult for you to do even the most basic chores, as well as hinder you from working. A neck or back injury can make it impossible to work pain-free, whether your job requires physical labor or is sedentary.

Workers' compensation insurance is essential at your workplace. If they do not have it, they may face harsh consequences. You should be compensated as a result of this. If you have been injured at work and would want to speak with a Los Angeles workers’ compensation lawyer, please do not hesitate to contact The Workers Compensation Lawyer Law Firm today.

Common Back and Neck Injuries

Neck pain can be caused by a variety of everyday activities, including:

  • Tension or stress that tightens your muscle
  • Forward posture while working at a computer, watching TV, or reading
  • Exercise or work that requires upper body muscles, straining, or lifting
  • Using an uncomfortable pillow, or one that is too flat or high, or sleeping with your neck bent in an unusual position

Most of the time, this type of pain will go away on its own, and a patient can manage it with over-the-counter medications, ice or heat, and rest.

Back and spine injuries, on the other hand, are more difficult to treat. Let's start with the anatomy of the back and spine. The spinal cord is protected by the spine, which is your backbone. The spine, which runs from the base of your skull to your pelvis, is made up of 33 bones. The spine also has cartilage discs that act as shock absorbers by separating the bones. If you have a spinal injury, you will most likely experience neck or back pain.

Back injuries can occur in a variety of ways. Lifting something heavy, making an uncomfortable turn or twist, or falling, for example, can all cause back injuries. Some neck and back injuries are more significant and can result in severe and long-term discomfort, such as:

  • Strain or sprain. This type of injury can cause aches and stiffness in the shoulder, upper arm, neck, and back. You may have a pinched nerve, also known as nerve root compression if you experience shooting pain in your hand or fingers.
  • Ruptured or torn disc. A disc herniation is a tear in the disc that causes the jellylike fluid inside to leak out and press against the spinal cord or nerve. This can result in nausea, headaches, dizziness, or soreness in the arms or shoulders, among other things.

People Who are More Likely to Sustain a Back and Neck Injury

Employees that conduct physical labor, such as construction workers, health care employees, and industrial workers, are more likely to sustain a back injury on the job. Improper lifting techniques, such as twisting or turning repeatedly while lifting or holding something heavy, relying on your back muscles rather than your legs and hips when lifting by bending your knees, lifting heavy objects above your head, and bringing a heavy object close to your core, are all common causes of injuries.

Long-haul truckers, according to studies, have a higher risk of back injury. The back muscles become deconditioned after long durations of sitting. When long-haul truckers arrive at their final destination, they still have to unload their trucks which causes double stress on the spine and hence the back.

How Repetitive Motion Can Cause Stress Injuries for Back and Neck

On a smaller scale, a stress injury can resemble carpal tunnel syndrome. The back and neck are also affected by repetitive stress injuries. As you might expect, these injuries are caused by repeatedly performing the same motion, causing body components to get overworked. Computer and mouse use can cause injuries to the hand joints and wrists of those who work in offices.

If your workspace is not set up ergonomically, you may suffer from spinal injuries. Back and neck issues can occur if your workstation, chair, and computer are not properly set up. These injuries may appear minor at first, but they can quickly become unpleasant due to their severity.

If you spend your whole shift on your feet, moving large objects, or working with heavy machinery, you risk suffering from major back and neck injuries. When we subject our bodies to repeated stress, they do not respond well. Consider the injuries and discomfort that someone who utilizes jackhammers might suffer.

Diagnosing Neck and Back Injuries on the Job

You've been to the doctor because your neck or back has been injured in a work-related accident. In addition to a thorough physical examination, your doctor may order one or more of the following tests to establish that your diagnosis is correct:

  • MRI scan. MRI scans are used to identify a wide range of illnesses, but they are particularly useful when looking at the brain and spinal cord
  • X-Ray. X-rays offer detailed images of bone structures and masses to a health care provider
  • CT scan. CT scans produce more detail than regular X-rays because they produce numerous images of the inside of the body

If you haven't seen a doctor after suffering a neck or back injury in a preventable accident, don't wait. Without quick medical attention, severe injury symptoms may take days to show and may worsen.

Back and Neck Injury Treatment and Recovery

It is critical to seek medical advice and treatment rather than attempting to treat symptoms on your own. These are some of the most frequent treatments for mild back and neck injuries:

  • Ice or heat. Heat relieves muscle tension, while ice helps to minimize swelling. Depending on the severity of the damage, the doctor may recommend using an ice pack or applying heat to the injured area.
  • Stabilizing brace. To restrict particular portions of your body from moving in a certain way, your doctor may advise you to wear a back or neck brace.
  • Pain medication. If you're given a prescription painkiller, talk to your doctor about how much you should take and how long you should take it. Some opioids are highly addictive, and your doctor should warn you about the dangers so you don't become addicted.
  • Surgery. Surgery may be an option for major injuries. Your doctor will tell you whether surgery is recommended or if a non-invasive treatment option is available.
  • Rehabilitative or physical therapy. Physical therapy aids in the recovery of strength, range of motion, and muscle atrophy.

Although some patients believe that chiropractic care is beneficial, certain insurance companies consider it alternative medicine, so check with your attorney to see whether your treatment is covered.

Workers’ Compensation Benefits for Back and Neck Injury

If your injury occurred at work, you may be eligible for workers' compensation benefits. A worker's compensation claim can be made in one of two ways:

  • An injury that has grown over time as a result of repetitive or hard labor
  • An injury that occurs as a result of a specific occupational trauma or accident

Workers' compensation should cover any injury or accident that occurs at work or during the course of performing work-related responsibilities. It is usually a specific occurrence that produces an injury, and proving that it occurred at work is very simple. You will need medical records to establish that you were treated for injuries sustained in the accident.

Neck and back injuries caused by heavy lifting, twisting, or other acts that aren't tied to a specific occurrence are more difficult to substantiate as work-related. Consult a workers' compensation lawyer in Los Angeles if you suspect your neck or back injury is caused by your job.

In general, the more serious your injuries are and the more they disrupt your life, the more money you will receive in compensation. This won't be decided until you know what kind of medical therapy you'll require. We can usually value a claim once it has been treated. It would be different if you needed treatment for the rest of your life. You'll have a better idea of what this case will entail once we know what we're up against.

Do not give up if your claim is initially dismissed. We have the option to file an appeal and try again. You are entitled to compensation for your losses. We know how to get you the assistance you need.

Types of Damages You Can Recover for a Neck and Back Injury

The notion of damages law is that an injured plaintiff should receive the appropriate amount of money to compensate them for any financial expenditures incurred as a result of the accident. To put it another way, the plaintiff is supposed to become "whole." You may be entitled to monetary, non-monetary, and punitive damages, all of which fall under the heading of "compensatory" damages.

Monetary Damages

Monetary damages reimburse you for things that cost money and have financial worth, such as:

  • Physical, occupational, or rehabilitative treatments
  • Assistance with day-to-day activities, such as hiring a housekeeper, transportation fees, or paying for a child care provider
  • Diminished earning capacity, or the inability to work at all if you are unable to hold the employment you had prior to the injury
  • Medical treatment, including hospital or doctor visits, surgery, ambulance transportation, and pain medication
  • Wages that have been lost in the past and in the future

Non-monetary Damages

Non-monetary damages compensate you for the losses that do not have a specific monetary value like:

  • Loss of consortium
  • Loss of enjoyment of everyday life
  • Pain and suffering

Loss of enjoyment is the legal system's recognition that you are entitled to happiness. It counts for anything if your injury stops you from doing something that was once a regular part of your life, such as activities with your children, sports, cooking, or playing a musical instrument. It's more difficult to put a cash value on the loss of enjoyment, but your lawyer can help you figure out how much it's worth in a lawsuit.

Punitive Damages

Punitive damages may be applied to your compensatory damages award in some cases. Punitive damages are intended to penalize a defendant for particularly heinous acts and to serve as a deterrence so that they do not repeat the activity. Punitive damages may be awarded depending on the nature of the injury, the type of defendant (individual or corporation), and the level of liability.

Denied Workers’ Compensation Claims

Workers' compensation benefits are available to practically everyone who is injured at work in California, according to state law. These advantages may be able to help with the financial responsibilities that come with a serious injury. Unfortunately, a genuine claim may be denied by an employer or insurance carrier.

If you have received a letter stating that your workers' compensation claim has been refused and you require medical attention, please do not hesitate to call a workers' compensation lawyer. The sooner you contact our firm, the sooner we can challenge your claim's denial and obtain the money you need for medical bills and lost income.

For a variety of reasons, workers' compensation applications may be denied. The following are the most common reasons that an employer or insurance provider will deny a claim:

  • Your injury's location and time of occurrence are in question
  • Whether or not you sustained an injury is being disputed
  • Your injuries did not happen at work or while you were doing your job
  • A pre-existing injury or ailment caused your injury
  • You were not handicapped as a result of a work-related injury, according to a healthcare professional

If you try to appeal the decision on your own, regardless of why your claim was denied, it's doubtful that you'll get a better result. If you hire a skilled attorney, on the other hand, you can be sure your lawyer will exhaust all options to obtain the greatest possible compensation for you.

Hearings and Appeals for Denied Claims

When someone is injured at work, they can file a claim for workers' compensation, which will reimburse their injury-related damages. These losses could include medical bills and lost wages. Workers' compensation is meant to be in place for employers. This is insurance that they buy to protect themselves from mishaps like the one you're dealing with. If your employer does not have workers' compensation insurance for their employees, they could be in serious problems. Again, as you are probably aware, the insurance company that represents your employer has the right to deny claims.

Filling out a workers' compensation claim can be a bumpy ride. You will confront difficulties and trials, just like anything else. We hope for the best possible situation when a claim is denied. It could be a simple issue with the claim itself, such as a misplaced signature. You could, however, be going through something much worse. Not every claim is processed quickly and easily by the insurance provider. When they try to intentionally turn you away, we have to push back.

After that, you can file an appeal against the denial of your initial claim. You have the option of doing it in person or via mail. Make certain you receive the relevant paperwork. This is something that our workers' compensation attorneys can help with. The following documents are required:

  • Your medical information
  • Bills for medical treatment you have yet to pay
  • Witnesses' statements and names
  • Any other pertinent documentation relating to the injury

As soon as you've sent out your documentation, you'll need to notify the insurance company. This can happen through the mail. There are two possibilities. Your claim could be rejected for a variety of reasons. Everything will be returned to you with a reason why it was denied in this circumstance. After then, you are free to try filing again. Alternatively, your claim will be approved and a conciliation meeting will be scheduled.

If you have been denied workers' compensation for the first time, follow these four procedures to achieve an agreement.

The Conciliation Process

To begin, you must attend conciliation, which is a meeting between your lawyer, an insurance company attorney representative, and a conciliator. The conciliator is there to assist you in negotiating and to act as a third party between you and the insurance company. Before attending this meeting, double-check that you have all of the essential paperwork. If a deal isn't reached, you'll continue on to the next step.

The Conference Process

If you are unable to reach an agreement through conciliation, this is the next stage. It's also known as a proceeding. Instead of a conciliator, the same parties will meet in front of a court this time. The judge has been given extra authority, and as a result, he or she may be able to compel the insurance company to compensate you for your losses. You must file your appeal if this is a good bet. This leads us to the next phase of the procedure.

The Hearing Process

This is a formal meeting. It's similar to a trial. A judge will be there, and all you have to do is submit evidence. There will be a presentation of both parties' evidence. Witnesses may be called to testify. If either side disagrees with the judge's ruling, the next step is to appeal to the reviewing board.

The Reviewing Board Process

At this time, no new evidence is permitted to be presented. During this step, both parties will make a presentation to the reviewing board. In essence, you state your claim, and your attorney will present it to the court on your behalf. At this point, hopefully, a reasonable resolution will be reached. If not, any party may file a state court appeal. This is, however, a rare occurrence.

Average Settlement for Work-Related Back and Neck Injury

In most workers' compensation cases, back and neck ailments are common complaints. The signs and symptoms might range from minor discomfort to severe pain that requires time off work. Workers may be forced to live with chronic pain for the rest of their life in some cases. As a result, it's not surprising that most employees wonder, "How much money can workers' compensation pay for a neck and back injury?"

The average compensation for back and neck injuries was $23,600, according to an analysis of workers who won settlements for workplace accidents. This amount was slightly greater than the $21,800 average settlement for all types of injuries.

Individual workers' pay, on the other hand, can vary greatly. This is due to the fact that various elements can have an impact on the final payout. These elements include:

The Severity and Nature of Injury

The degree of back and neck injuries can range from mild to severe. Severe injuries necessitate therapy, medical care, and medicines. They also lead to additional time off work and the possibility of disability. As a result, they frequently bring greater compensation claims.

Amount of Lost Income

Back and neck injuries almost always necessitate time away from work to recover. Any lost wages as a result of missing work will almost certainly be included in your compensation claim. The larger your settlement amount, the more days you miss work.

The Circumstances Surrounding the Injury

In essence, this refers to the simplicity with which a fault can be provided. If your attorney can demonstrate severe carelessness on the side of your employer, you are more likely to receive a significant payout. Shared-fault cases frequently result in lesser compensation amounts.

Disability

Back and neck injuries can make it difficult to operate independently. If the harm is permanent, you will most likely obtain a higher settlement than someone who is disabled for a short period of time. The extra money is frequently used to compensate for decreased earning capacity.

Effect on Earning Ability

A back injury can sometimes make it difficult to work. Your doctor may place limitations on the activities you can engage in. They can also rule out any and all possibilities. If your earning potential is considerably harmed as a result, you may be entitled to additional compensation.

Find a Workers’ Compensation Lawyer Near Me

Receiving early medical attention should always be the top concern after a back and neck injury. It is also crucial to get credible legal guidance after your injuries have been identified by a medical professional. When you include treatment expenditures, lost wages due to missed work, and vehicle repair costs, neck and back injuries can be costly. A skilled personal injury lawyer can help you protect your rights and get the compensation you deserve.

We at The Workers Compensation Lawyer Law Firm are here to help victims of workplace accidents seek fair compensation. We will be your companion to ensure you don’t suffer alone. Please call us today at 424-501-9228 if you are in the Los Angeles area.