How to Get Workers’ Compensation for Back Injuries

Back injuries are incredibly common, especially in the workplace, and dealing with a painful condition like a slipped, herniated, or bulging disc can be overwhelming. These types of injuries can significantly affect your ability to work, making it difficult to maintain your normal routine. If you’ve experienced one of these injuries at work, navigating the world of workers’ compensation might seem daunting. However, understanding your rights and knowing how to seek compensation can help ease the burden during an already stressful time.

In this article, we’ll break down the differences between slipped, herniated, and bulging discs, explore how these injuries happen on the job, and guide you through the workers’ compensation process to ensure you get the medical care and financial support you deserve.

What Are Disc Injuries?

Your spine is made up of a series of bones (called vertebrae), and between each bone is a soft, cushiony disc. These discs act as shock absorbers and allow your spine to move and bend. However, when a disc is damaged, it can lead to a variety of painful problems.

Here’s a look at three common types of back injuries:
1. Slipped Disc (Often Called a Herniated Disc)

When people say they have a “slipped disc,” they’re usually referring to what doctors call a herniated disc. Despite the name, discs don’t actually “slip” out of place. Instead, a herniated disc happens when the soft, jelly-like inside of the disc pushes out through a tear in its tougher outer layer. This can press on nearby nerves, leading to pain, numbness, or weakness.

2. Herniated Disc

A herniated disc occurs when the inner part of the disc breaks through the outer shell. It’s a bit like squeezing toothpaste out of a tube. The herniated disc can cause irritation or pressure on the nerves near the spine, which often results in sharp pain that radiates down your arms or legs. This kind of injury is common in jobs that require a lot of physical effort, especially lifting or repetitive motions.

3. Bulging Disc

A bulging disc is a bit different. Instead of breaking through the outer layer, the disc simply bulges outward. It’s less severe than a herniated disc but can still cause pain if it presses on nearby nerves. Bulging discs are often part of the normal aging process, but they can also be triggered by activities at work, especially those that put stress on your spine.

How Do These Injuries Happen at Work?

Disc injuries can happen in a variety of workplaces, from construction sites to office desks. They’re often caused by physical strain or unsafe working conditions, but even repetitive tasks can lead to serious problems over time. Some of the most common causes of work-related disc injuries include:

Lifting Heavy Objects: Jobs that require you to lift or carry heavy loads put a lot of stress on your back. If you lift incorrectly or too often, the strain can damage your discs.

Repetitive Movements: Bending, twisting, or even sitting for long periods can wear down your spine. Over time, these repetitive motions can weaken your discs and lead to herniation or bulging.

Slips and Falls: A sudden fall at work can cause trauma to your spine, leading to a slipped or herniated disc. Even a seemingly minor fall can have major consequences for your back.

Poor Posture or Prolonged Sitting: If you work in an office and spend most of your day sitting, poor posture or an uncomfortable chair can strain your spine. This can lead to disc injuries, especially if you’re sitting for long hours without breaks.

Recognising the Symptoms

The symptoms of disc injuries can vary, but they often include:

Back Pain: This is the most obvious sign, ranging from a dull ache to intense, shooting pain.

Numbness or Tingling: If a disc is pressing on a nerve, it can cause numbness or a tingling sensation in your arms or legs.

Weakness: You might feel weakness in your arms or legs, depending on where the injured disc is located. This can make it hard to perform everyday tasks.

Radiating Pain: In some cases, a herniated disc can cause pain that radiates down your leg (sciatica) or arm. This can be a sign that the disc is affecting a nearby nerve.

What Should You Do If You’re Injured at Work?

If you suffer a slipped, herniated, or bulging disc while working, it’s important to know your rights under workers’ compensation. Workers’ compensation is a form of insurance that provides benefits to employees who get hurt on the job. These benefits can help cover medical expenses and lost wages while you recover.

Here’s what you should do if you’re dealing with a work-related disc injury:

1. Report the Injury Right Away

Let your employer know about your injury as soon as possible. In many cases, you need to report the injury within a certain timeframe to be eligible for workers’ compensation, and this is usually 6 months.

2. Seek Medical Attention

Get to a doctor as soon as you can. Be sure to mention that the injury happened at work so your doctor can provide the necessary documentation for your claim.

3. File a Workers’ Compensation Claim

Once your employer is aware of your injury, they should guide you through the process of filing a workers’ compensation claim. This will involve submitting medical records and any other documentation to prove your injury is work-related. However, you do not need your employer’s permission to make a workers’ compensation claim, and it is usually in your best interest to make a claim.

4. Follow Your Doctor’s Advice

It’s important to stick to your treatment plan. Failing to follow your doctor’s orders can affect your workers’ compensation claim. You should always see your own doctor, and you are under no obligation to go to a doctor suggested or recommended by your employer.

Challenges You May Face

Unfortunately, workers’ compensation claims for disc injuries can sometimes be tricky. Insurance companies may try to argue that your injury wasn’t caused by your job, especially if you had pre-existing back problems or if the injury developed over time. To strengthen your case, here are a few tips:

Gather Evidence: Take photos of the incident scene, get copies of incident reports, take statements from witnesses.  Email or text your boss what happened as soon as possible after the event, so there is a written record you can rely on.

Keep Detailed Records: Document everything, from your medical appointments to conversations with your employer or insurance company.

Consider a Second Opinion: If you’re dealing with a complicated injury or your claim is denied, getting a second medical opinion from a specialist can help.

Seek Legal Help if Necessary: If your workers’ compensation claim is denied or you run into problems, a workers’ compensation lawyer can provide valuable assistance. They’ll help you navigate the process and ensure that you receive the benefits you’re entitled to.

What Benefits Can You Receive?

If your workers’ compensation claim is approved, you may be eligible for several types of benefits:

Medical Care: Workers’ compensation will cover the costs of your medical treatment, including doctor visits, surgery, therapy, and medications, reasonably recommended by your doctors.

Weekly Benefits: You will be paid your average weekly earnings, usually at a rate of 85% for the first 6 months, and then gradually reducing from there.

Vocational Rehabilitation: If you can’t return to your old job, workers’ compensation might help pay for training or job placement services to help you find new work.

When Your Benefits Will Stop: Your workers’ compensation benefits will stop once your injuries have reached the point of stable and stationary.  A condition is stable and stationary when the condition is not likely to improve with further medical or surgical treatment. This suggests that the condition has reached maximum medical improvement and that suitable rehabilitation has been carried out.

Options Once Your Benefits Stop: When your workers’ compensation benefits stop, you could be entitled to make a claim for damages.  This is called a common law claim.  You may be entitled to make a common law claim if you can show your employer or someone else was negligent in causing your injuries.  Get in touch with us for a free no obligation assessment of whether you have a common law claim.  The average common law claim settled for almost $190,000 last year, so they are significant claims, and it is worth your time getting in touch to see if you have a case.

Back Injuries and Workers’ Compensation

Slipped, herniated, and bulging discs can be incredibly painful and have a lasting impact on your ability to work and enjoy life. If you’ve experienced one of these injuries while on the job, workers’ compensation can provide the support you need to recover. By understanding your rights, reporting your injury promptly, and following the workers’ compensation process, you can ensure that you receive the medical care and financial help you deserve.

If you encounter any challenges along the way, don’t hesitate to reach out to the team at Best for advice. We can guide you through the process, helping you fight for the benefits you’re entitled to so that you can focus on your recovery and get back to living your life.