According to recent reports from the Bureau of Labor Statistics, nearly 3.7 million Americans are injured on the job or become sick due to a work-related illness every year. Injuries can occur from a sudden traumatic experience or sometimes happen by performing repetitive tasks. Back injuries can occur when workers use improper lifting techniques. Some employers require their employees to wear back braces that act as a support system to prevent injuries.
Common Types of Back Injuries
Back injuries can be one of the most traumatic injuries an employee can experience. Some of the most common types of back injuries include:
• Bulging, herniated or ruptured disks
• Spinal fractures
• Back sprain
• Fractured vertebrae
• Muscle strain or spasm
The workers’ compensation system will assign a numerical value to the extent of the back injury, which is in direct proportion to how debilitating the injury is to the worker. Many of these injuries take a long time to heal and some injuries can leave the worker permanently injured.
Workers’ Compensation Benefits
The primary purpose of workers’ compensation laws is to provide benefits for occupational diseases or injuries suffered on the job by an employee. The type of benefits available to employees are different in each state, but the most common include:
• Reimbursement for all necessary medical treatment
• Travel expenses to and from doctor’s appointments
• Death benefits paid to surviving spouse and children including funeral costs
• The cost for retaining the worker through vocational rehabilitation
• A portion of wages lost during temporary or permanent disability
• Attorney’s fees paid up to a certain percentage
Some jurisdictions allow the employee to select their own medical professional, while others allow the employer to choose the treatment provider.
How to File a Workers’ Compensation Claim
When an employee becomes injured or contracts an occupational illness, they must inform their employer within a certain amount of time. Failing to do so may result in the worker being denied benefits. Each state has their own rules regarding how to file a workers’ compensation claim, which can usually be found by contacting the Workers’ Compensation Office in your state. Obtain the necessary forms from your employer and fill out all relevant information. Be sure to list the names of anyone who may have witnessed the accident. Make sure to include the doctor’s diagnosis and treatment recommendations. Once a claim has been filed, it will be sent to the employer’s insurance company for review. If the claim is denied for some reason, the employee can take the following recourse:
• Obtain assistance from the human resources department to try and resolve the issue
• File a complaint with the State Board of Workers’ Compensation
• Request that your case be heard by an Administrative Law Judge
When to Seek Legal Advice
As a last resort, you may be able to file a bad faith lawsuit against the insurance company if they have denied a legitimate claim. Consider contacting an attorney who specializes in workers’ compensation claims. These legal experts may be able to provide help by writing a demand letter to the insurance company requesting that benefits be paid immediately.
When an injury happens your workplace, or at anytime while you are on the job, you are entitled to receive workers compensation benefits. The Maryland workers compensation attorneys at Shapiro & Mack have over a decade of combined legal experience representing injured workers.
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