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October 22, 2018
Worker’s Compensation And Back Injuries
Hurting your back on the job if you work in a warehouse, factory, construction site, shipping and receiving, logistics, or retail is a very real possibility as most of the jobs in these places of employment involve heavy lifting. The part of the body that people are most vulnerable to injuring on the job in these places of employment, are their backs. But, what is considered a compensable back injury for workers’ compensation purposes?
A compensable back injury must be the result of what is called a specific traumatic incident. A specific traumatic incident can be defined as an injury that happened at a specific time – for example: lifting a heavy box on the job and feeling pain in your back. If your back is simply sore from lifting boxes over time, and you cannot pinpoint any specific time where you lifted a box and felt pain in your back that is not considered a compensable workers’ compensation case. Pain on its own does not meet the definition of a specific traumatic incident. It is perfectly fine to not know the exact time, or date, you suffered a specific traumatic incident. If you know you lifted a box, and felt pain in your back, but you are not sure if you did it at midnight, or at two o’clock in the morning, that is still a compensable workers’ compensation back injury.
It is important to remember that major self-injured corporations, and workers’ compensation insurance companies dread back injuries. Back injuries generally are viewed as costing them the most money, and result in the most lost time for their employees. We have seen circumstances where injured workers have been purposely told incorrect information regarding the compensability of their workers’ compensation back injury, and told to file it under their private health insurance. We have also had injured workers told by their bosses to tell the hospital the back injury happened at home and not at work. The bosses then promise to take care of everything, but ultimately the workers’ claims are denied.
It is absolutely crucial that if you hurt your back lifting something on the job, you report it immediately, have an accident report done, and insist they send you for medical care. Do not try to tough it out, or wait until the next day to see how it feels. When you see the medical provider, make sure to state that your lifting injury to your back happened on the job. Do not let yourself be a casualty of a cost-savings maneuver by your company. Your company is going to do what is best for it – you need to protect yourself and consult an experienced workers’ compensation attorney.
Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case. Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years. Let us answer any of your questions regarding any automobile accident, or work-related injury. Call us at 704-343-0018 to schedule a consultation so that we may assist you.