The Bureau of Labor Statistics reports that back injuries on the job are very common. In fact, 38.5% of all work-related musculoskeletal disorders were associated with the back. Paralysis, nerve damage, persistent pain, and other severe symptoms can result from even minor back trauma and may require years of medical treatment and therapy. In Pennsylvania, workers' compensation may pay for medical care and lost wages if the back injury was sustained on the job.
A psychological disorder like depression is a real possibility if a back injury prevents you from engaging in your regular activities and hobbies. Injuries to the back can be quite disabling; therefore, receiving medical attention after an accident is crucial. The excessive cost of treatment requires pursuing workers' compensation payments through your employer.
If you have suffered a work-related back injury, it is very important that you consult with a skilled Pennsylvania workers’ compensation attorney as soon as possible.
To Be Eligible to Receive Workers' Compensation in PA, Your Back Injury Must be the Direct Result of, or Directly Related to, Your Job.
Proving the connection between your back injury and your job duties is crucial to your workers' compensation claim. If you had an injury at work due to an accident, it may be easier to show that it was work-related. It may be more challenging to prove that a back injury is work-related if it is chronic, worsens in particular situations, or both.
Your claim may be strengthened if you work in one of the professions known to increase the likelihood of back injuries. As an example, healthcare personnel frequently engage in back-harming activities, including bending, stretching, and lifting patients.
You should notify your employer as soon as possible if you have a back injury on the job so that the workers' compensation process may begin. Time limits for filing a workers' compensation claim and for informing your employer of an injury vary from state to state. If you've been injured, you should report it right away so that you don't lose your right to compensation.
Your medical records will be crucial to your claim and establish that your back injury was sustained while on the job. Talking to an attorney is essential since workers' compensation claims for back injuries can be difficult to substantiate and may be contested. The legal team of Brandon J. Broderick, a seasoned Pennsylvania workers' compensation attorney, can help you build evidence to win your case. If your claim is denied by either the insurance carrier or your employer, your attorney can fight the denial on your behalf.
Most Common Causes of Work-Related Back Injuries
Back injuries affect the musculoskeletal system, including nerves, joints, cartilage, soft tissue, and spinal structures. Pain and restricted motion in the neck and hips are possible outcomes of the body's adjusting to new limitations.
Musculoskeletal discomfort, either severe and persistent or mild and intermittent, might be an indication of a back injury. Injuries to the back might cause a temporary disability or chronic issues later in life. Back injuries can cause varying degrees of pain and other symptoms.
Back injuries can be caused by a number of factors. There are various causes of work-related back injuries.
Among these are:
- Lifting objects
- Performing repetitive tasks
- Pushing, pulling or dragging objects
- Carrying loads
- Sitting in a single place for extended periods of time
While any worker is at risk, those in physically demanding professions like construction are more likely to get back injuries on the job. Long-haul truck drivers are particularly vulnerable to back ailments because of the sedentary lifestyle that often characterizes their work.
While a single traumatic occurrence is sometimes to blame for on-the-job back injuries, chronic pain from repetitive motion or activity is also a common cause. Knowing the distinction between acute and long-term trauma is essential.
Worker's Compensation Benefits For a Back Injury
Injured workers are entitled to numerous benefits under workers' compensation laws. A part of the employee's lost wages during the time they are unable to work is covered, and medical benefits cover any hospital or medical expenses incurred as a result of the injury or illness. In Pennsylvania, under the Workers’ Compensation Act, injured employees are entitled to wage loss benefits equal to 2/3 of the workers’ weekly pay, up to the state maximum. For 2022, the maximum is $1,205/week.
The rate of benefits is determined by the annual maximum in place at the time of the injury. The maximum amount of compensation is determined by the state's average weekly wage, as determined by the Department of Labor and Industry.
Workers' compensation benefits may be temporary or permanent and may include the full benefit amount or a partial amount, depending on the severity and nature of the injury or illness.
Examples of possible types of benefits are:
- Temporary Partial Disability: If a worker is determined to be less than 35% impaired, they may qualify for this form of disability. If they are unable to return to their pre-injury job but are still able to work, they may be eligible to receive two-thirds of the difference between their current earnings and their pre-injury earnings.
- Temporary Total Disability: Workers who are temporarily unable to return to any form of employment may be eligible for this type of benefit. An employer may require a worker who has been unemployed for 104 weeks to undergo a medical exam to reevaluate their condition. If the doctor determines, in accordance with American Medical Association (AMA) standards, that a worker's impairment is less than 35 percent, the worker may begin receiving partial disability payments as opposed to total disability payments.
Partial disability payments may be paid for up to 500 weeks and will end when the worker's compensation doctor releases them to return to full employment or when maximum medical improvement (MMI) is reached.
Those who qualify for temporary total disability may receive up to two-thirds of their average weekly wage, subject to an annual limit set by the Pennsylvania Department of Labor and Industry. Up to 90 percent of the average weekly wage may be available to workers in lower wage brackets. After 104 weeks of payments, the employer may request an IME.
- Permanent Partial Disability: If an employee's impairment is less than 35 percent, they may be eligible for this form of disability benefit. If qualified, they will receive two-thirds of the difference between their pre-injury wages and current wages.
- Permanent Total Disability: Individuals who are unable to return to any form of employment may be eligible for this sort of benefit. The determination is made during an impairment rating evaluation (IRE). At that point, the physician must determine that the employee is at least 35% impaired with little hope for recovery.
Workers who have attained MMI are considered to have a total and permanent disability. Permanently and totally disabled employees may qualify for a lifetime pension through workers' compensation.
An experienced PA workers’ compensation attorney can help you calculate possible compensation and discuss your workers’ comp claim and back injury in detail with you. Contact Brandon J. Broderick today for a free case evaluation.
What to Do if Your PA Workers’ Compensation Claim is Denied
A back injury claim filed with your employer or its workers' compensation insurer may be denied or undervalued. Because back injuries are more difficult to prove, the insurance company may try to argue that your ailment isn't work-related, that you have a preexisting condition, or that the injury isn't as bad as you claim.
You should seek the advice of a workers' compensation attorney if your claim is rejected in whole or in part. After a denial, you may file a claim petition with the Bureau of Workers' Compensation. Having a competent and knowledgeable attorney on your side can greatly improve your chances of winning your case.
Let a Workers’ Compensation Attorney at Brandon J. Broderick Help You With Your Back Injury Claim
It is in your best interest to consult with a knowledgeable workers' compensation attorney if you have had a back injury at work, whether as a result of an accident or a chronic condition, or if your claim has been denied. At Brandon J. Broderick, Attorney at Law, our team offers expertise in Pennsylvania workers compensation and employment law. With our empathetic client service and aggressive negotiating, we can help you get the compensation you are entitled to.
Contact us as soon as possible for a no-cost consultation to discuss your legal options.