Velilla Law Firm

Providing Strong Help When You Need It Most

Brindamos ayuda sólida cuando más lo necesita

Can you claim workers’ compensation for a back injury?

by | Jul 24, 2022 | Workers' Compensation

Many people get a back injury due to their job, yet some don’t. If you are considering claiming workers’ compensation, you must show that your work caused it. How can you do this?

There are several ways, and you may need to combine them to forge a convincing case:

Medical records show it only started since you began this job

While you could still pick up an injury in your free time after starting a new job, having proof of when it started will help. That said, you might still be able to claim if the injury already existed, but your current job made it worse.

Your work is of a type likely to strain your back

If your job involves a lot of lifting, bending or twisting, you will work your back harder than the average person. So there is a higher than average chance that your job caused your pain.

Your employer asked you to do tasks without training or appropriate equipment

While you do not need to prove fault to claim workers’ compensation, there is no harm in mentioning your employer’s failings. Perhaps they never showed you how to lift safely. Maybe they refused your request for someone to help you move a heavy item.

You had an accident

If you were fine yesterday, but your back has been hurting since falling off a ladder this morning, then that one event may have triggered it. That is why you should always report all accidents, however minor they seem. Sometimes it can take days or weeks to notice the long-term damage.

Getting legal help to put your case together increases the chance of getting the workers’ compensation you need on the first attempt.