In today’s workforce, whether you’re stationed at a desk or engaged in physical labor, the risk of sustaining a back injury is ever-present. Recognizing the potential for such injuries and taking proactive measures is crucial for all employees. If you sustain a workplace injury, you may be able to receive medical care and recover lost wages through the Colorado workers’ compensation system. Unfortunately, the workers’ compensation system is not worker friendly. Your employer has a duty to pay for claims under the workers’ compensation statute which means it has a financial incentive to pay for as little treatment and lost wages as possible. Navigating this system fairly often requires a skilled advocate at your side.
If you sustained a back injury due to a workplace accident or chronic injury, contact our experienced Denver workers’ compensation attorneys at Front Range Injury Attorneys to discuss your case. We help clients across Colorado receive fair treatment under the work comp system to get meaningful medical care and lost wages for the workplace injury. Your employer and its work comp insurance company will take every opportunity to reduce the value of your claim. Put an advocate on your side to protect your rights while you focus on taking care of your health.
Understanding Workplace Back Injury Statistics
The Bureau of Labor Statistics highlights a startling reality: over 148,000 workers endure back injuries annually. Alarmingly, one out of every five workplace injuries involves the back. These injuries encompass both fresh incidents and the exacerbation of pre-existing conditions. Moreover, back injuries rank among the most prevalent reasons for work absences.
As injury attorneys, we have tremendous experience with people who suffer back injuries from minor injuries to life-changing spinal injuries involving paralysis, amputation and even loss of life. We know that even a minor injury can make it difficult to work and painful to perform daily activities. If you sustain a spine or other back injury at work, you should treat this seriously and file a workers’ compensation claim right away.
Identifying Various Types of Work-Related Back Injuries
Work-related back injuries manifest in diverse forms. Repetitive overuse is a common culprit, gradually wearing down the back through sustained strain. Conversely, sudden strains or blunt force trauma can swiftly precipitate injury. Such incidents may affect bones, nerves, muscles, or even the cartilage between vertebrae, resulting in enduring pain and discomfort. Back injuries are especially problematic because they are prone to delayed healing, aggravation and reinjury because your back supports your entire body. Most activities involve your back to some extent, especially common work activities. Healing typically requires multiple steps of treatment including rehabilitation, physical therapy, medication, lifestyle changes, rest from work duties and even surgery.
Strategies to Mitigate Back Injuries at Work
To fortify your back’s resilience in the workplace, implement the following precautions:
1. Lift Correctly: Utilize your leg muscles when lifting objects and consider partnering up for heavier loads.
2. Adapt Repetitive Tasks: Modify activities prone to overuse to prevent strain and injury.
3. Heed Early Warning Signs: If you experience back pain, pause and reassess your actions before symptoms worsen.
4. Ergonomic Workspace: Ensure your workspace is conducive to back health, with ergonomic furniture and proper posture support.
5. Prioritize Training: Adequate training in safety procedures is paramount to minimize the risk of errors leading to injury.
6. Adhere to Safety Protocols: Resist the temptation to take shortcuts or bypass safety guidelines, prioritizing your well-being above all.
Exploring Legal Recourse for Back Pain
In cases of workplace back pain, pursuing a workers’ compensation claim is a viable avenue for seeking recourse. While this process doesn’t follow the traditional lawsuit route, it enables you to claim compensation for medical expenses and lost wages directly from your employer. Notably, compensation for pain and suffering isn’t typically included in these claims.
Most workplace accidents, injuries and illnesses do not result in a lawsuit against your employer. Colorado, like most states, offers work comp as the exclusive remedy against your employer. This presents both pros and cons. Unlike a personal injury lawsuit, you do not have to prove your employer negligently or intentionally caused you harm. You can file a workers’ compensation claim for a back injury regardless of fault by your employer. You also do not have to wait for a settlement or trial to receive compensation. Your employer’s workers’ compensation insurer pays for medical care while you receive it and pays lost wages as you would have received paychecks for missed work. On the other hand, under work comp you cannot pursue damages outside of medical care and lost compensation (both past and future). You cannot pursue pain and suffering, emotional distress, loss of enjoyment of life and other non-economic damages as you could in a personal injury lawsuit.
If a third party caused injury in the course of your employment, such as an auto accident on the job, you may be able to pursue both a workers’ compensation claim and personal injury claims against the at-fault party. In these circumstances, hiring an experienced injury attorney will help you navigate both systems of recovery to make sure you understand your options for medical care and compensation to receive the best outcome possible.
Establishing Evidence for Work-Related Back Injuries
Documentation is pivotal in substantiating work-related back injuries in a workers’ compensation claim. Depending on the nature of the injury, diagnostic tests or medical evaluations may be required. Prompt reporting of injuries to your employer is essential to initiate the workers’ compensation procedure effectively. Although workers’ compensation is a no-fault system, the claimant still must prove that the injury or illness was caused by a work condition or event. The claimant also must prove the type of injury, necessity for treatment and and permanent effects. Most of this evidence will rely upon medical providers to produce records from your treatment, expert opinions and independent medical examinations. For this reason, it is important that you seek medical care immediately after a workplace accident or discovering a work-related health condition. You also must take your treatment seriously to heal and prove your claim.
Determining Compensation for Back Injuries in Colorado
Settlement amounts for back injuries in Colorado vary significantly, ranging from minor sums to substantial payouts. Individual circumstances dictate the compensation received, emphasizing the importance of a tailored assessment for accurate expectations. Workers’ compensation claims generally result in settlements when there is a permanent impairment that will result in long term wage losses. In Colorado, the average settlement for a workplace back injury is approximately $23,000. Settlements can range considerably, so you should not assume your case will result in the average, higher, or lower amounts. Every claim is evaluated on its individual facts and circumstances.
Asserting Your Rights Post-Back Injury
Following a workplace back injury, you’re entitled to medical care and compensation for lost wages, commensurate with the severity of your condition. Additionally, permanent injuries may warrant further compensation for lifestyle alterations or diminished capabilities. Treatment generally will extend until you complete treatment and you are fully healed or you reach maximum medical improvement (MMI). The type of injury, how it affects you, your job duties, wage rate and other factors will determine the value of your case, length of treatment and type of treatment you require.
Navigating the Compensation Process with Legal Guidance
If you’ve sustained a workplace injury, seek guidance from our experienced and knowledgeable Denver workers’ compensation attorneys. Our legal team will navigate you through the intricacies of the claims process, ensuring your rights are upheld and securing a fair outcome for your case. With our lawyers at your side advocating for you and advising you how to protect your legal rights, you can be confident that you are doing everything you can to heal from your injury, get back to work and receive fair compensation through the workers’ compensation system. Contact us today for a free and confidential consultation and let us champion your cause.
Colorado Workers’ Compensation Lawyers
If you sustained a workplace injury or illness, Colorado law gives you the right to file a work comp claim to obtain medical care and recover lost wages. Our experienced Colorado workers’ compensation lawyers help clients pursue claims for workplace accidents, repetitive use injuries and work-related illnesses. At Front Range Injury Attorneys we advocate for clients across Colorado and across a wide range of industries and occupations.
Contact our law firm for a free consultation to discuss your claim. You can speak with our attorneys at no cost and no obligation to understand your legal rights.