Back Injuries Can Be Difficult to Navigate. Here’s How to Get the Compensation You Deserve.
Back injuries are one of the most common injuries in the workplace. They are also among the most severe, causing long-lasting effects that make life challenging at work and at home.
The Bureau of Labor Statistics reports more than 100,000 back injuries per year, accounting for a large percentage of musculoskeletal disorders. If you’ve suffered a back injury at work, you deserve fair compensation. However, it’s not always clear how to win the fairest settlement to support your recovery.
The Iowa workers’ compensation attorneys at Schott Mauss & Associates are in your corner when you need assistance. Here’s a closer look at workplace back injuries, common causes, how much you could receive, and how to secure your benefits.
Understanding Back Injuries in the Workplace
Whether you work in a warehouse, a restaurant, or an office, your back supports everything you do — sitting, standing, lifting, bending, and much more. Injuries to the back can stem from one-time incidents, such as a fall or an attempt to lift something that’s too heavy, or they can develop from repeated stress over time.
Common Causes of Work-Related Back Injuries
Common causes of back injuries in the workplace, according to the Occupational Safety & Health Administration (OSHA), include:
- Improper lifting techniques
- Lifting items that are too heavy for your back to support
- Repetitive bending, twisting, reaching, or other motions that strain the back
- Sitting, standing, or working with poor posture
- Poorly designed work station ergonomics
- Slipping and falling
- Sudden trauma, such as a motor vehicle accident
What Occupations Are Most at Risk for Back Injuries?
According to the Bureau of Labor Statistics, some of the occupations that most commonly experience musculoskeletal disorders, which frequently involve the back, include:
- Nursing assistants
- Stock clerks and order fillers
- Laborers who hand-move freight, stock, and other materials
- Maintenance and repair workers
- Truck drivers
- Janitors
What Are the Types of Back Injuries?
Back injuries can be complex and vary widely in their severity and impact. Some of the common types of back injuries seen in workers’ compensation claims include:
- Back strains and sprains: Injuries to the muscles or ligaments that support your spine
- Herniated or bulging discs: Injuries to the discs that cushion your vertebrae, aggravating nerves and causing pain.
- Pinched nerves: Conditions such as sciatica where surrounding bones, muscles, or other tissue place pressure on a nerve
- Fractured vertebrae: Broken bones in the spine, often caused by acute incidents like slips or falls that can be minor or severe
- Degenerative disc disease: An issue that affects primarily aging workers, this can be aggravated by repetitive stress
Understanding Workers’ Compensation for Back Injuries
To seek workers’ compensation for your back injury, you must first file a claim with your employer within 90 days of the injury, and ideally sooner. For more information on the process of filing a claim, read our guide to filing a workers’ comp claim in Iowa. The lawyers at Schott Mauss & Associates are here and ready to assist you through this process.
What Workers’ Comp Benefits Can I Receive for My Back Injury?
How much you will receive depends on the severity of your injury and your ability to perform your previous job duties or modified duties while you recover. You may receive:
- Payment for medical expenses and reimbursement for mileage to and from appointments.
- Weekly payments to cover lost wages, if you can’t perform your full job duties. (Read more about the different types of benefits and how long they last.)
- Permanent disability benefits, which are based on the extent of permanent damage to your back. If you are no longer working for the employer or are making less than at the time of your work injury, you may be entitled to additional permanency benefits based on your industrial disability.
If your back injury has made you permanently unable to work, you could receive weekly permanent total disability benefits for the rest of your life.
How Much Will My Back Injury Settlement Be?
Your temporary weekly workers’ compensation payments will conclude when you return to work or reach maximum medical improvement (MMI). MMI is the point where your condition stabilizes and is not expected to improve with further treatment.
At this point, your treating doctor will assign you a permanent impairment rating. This rating details the extent that you have lost the use of the part of your body you have injured, often expressed as a percentage. The rating is used to determine how many weeks’ payment you will receive.
However, in Iowa, a back injury is considered a “body as a whole” injury, or “industrial disability,” which takes into account factors beyond the severity of the injury. Industrial disability also considers your age, education, work history, physical restrictions, and more.
You can receive up to 500 weeks of payment for a body as a whole injury. If your industrial disability is 30%, that means you would receive 30% of the 500 weeks, or 150 weeks. However, your eligibility for these benefits will depend on what you are earning following the injury. Even if you have a back injury, you will not receive these industrial disability benefits if your employer pays you the same or greater wages as you were making before the injury.
If you believe your rating is incorrect or that your employer’s settlement offer is too low, an attorney can help you determine the best course of action.
Common Challenges for Workers With Back Injuries
Because of the severity and complexity of back injuries, it’s not uncommon for employers and their insurance carriers to dispute the extent of the injury. In these situations, working with a workers’ compensation attorney will help you navigate how to proceed.
Common issues can include:
- Disputing “work-relatedness” of the injury. Your employer may claim the injury was not caused through your duties and instead resulted from a pre-existing condition. An attorney can help you supply the documentation you need to prove your injury was work-related.
- Not offering enough payment. Your employer’s insurer may offer you payouts that are lower than what you deserve. An attorney can help you deal with insurers and make sure you negotiate a fair settlement.
- Acting in bad faith. Your employer’s insurance company could refuse or delay payment of your benefits. This is known as acting in “bad faith.” We can help you know what to do in this situation.
Navigating these situations alone can feel isolating and overwhelming. However, the attorneys at Schott Mauss & Associates have helped Iowans win the workers’ compensation benefits they deserve for over 20 years. We are ready to be in your corner as you walk through this process.
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