Work-Related Back & Neck Injury FAQ & Compensation

Finding the doctor for your neck or back injury

The most important element in properly dealing with both back and neck injuries is getting appropriate medical treatment. When a worker is injured on the job, they are entitled to medical treatment to be paid for by the insurance carrier. There should be no out-of-pocket expense ever paid by the injured worker if they follow the proper procedures.

One of these procedures is that they have to treat with an authorized medical provider. An employer is required to keep a list of at least 6 doctors posted at all times. The reason it’s important to discuss the panel of physicians in the context of back and neck injuries is that the right type of doctor should perform an evaluation of your injury.

Often, employers attempt to force an injured worker to begin medical treatment at an industrial clinic. Here at Gerber & Holder Law, our experiences with industrial clinics have not been very good. We believe they are more focused on returning the injured worker back to their job, rather than treating their patient’s injury and giving a proper diagnosis.

If the injured worker continues to complain of pain during subsequent visits, the industrial clinic may push them to a specialist.

However, you should beware. This specialist is also typically more concerned with pleasing the insurance company than treating the injured worker. Common phrases we see from these doctors are, “pre-existing condition” or “degenerative disk disease.” This is often placed in reports, even if the injured worker has never had a back or neck injury before.

It’s vital to contact an attorney if you have a back or neck injury so they can work on ensuring you receive appropriate medical care that takes into account the physical well-being of the injured worker.

Back and neck injuries can be difficult to demonstrate because there is often a lack of a physical deformity. For example, a broken arm or leg is obvious to the naked eye. You can actually see the injury. A back or neck injury, which can be just as (if not more) painful, is difficult to discern without an MRI.

Employers and even some doctors may doubt the severity of the injury because they cannot see it. This is another reason why it’s important to treat with the proper doctor. An attorney can assist you in ensuring that this is the case and it is important to contact us early in the process.

Here are 3 steps to follow after a workplace injury:

1. Notify your employer. The first thing you need to do if you injure your back at work is to tell a supervisor. This applies to any and all injuries. Notify your boss even if you think it is minor at first, because it may actually be a very serious injury that gets worse over time.
2. See a doctor. Secondly, when you do visit a doctor, make sure to explain that you were hurt at work, and be upfront and honest with the physician. Contact an attorney if you have any questions about going to the doctor.
3. Be cautious about returning to work. The final item to mention is to be careful when you do return to work after injuring your back. Pushing your body too hard after an initial back injury can further damage your back. Just because your employer is asking you to perform tasks outside your restrictions doesn’t mean you have to do it. Report this to a supervisor, or contact an attorney if you are being put in a position that is dangerous.

Another common cause of back injuries is lifting at work. Lifting injuries can happen when you pick up something as light as 1 pound or as heavy as 100 pounds. The size or weight of the object doesn’t matter. What matters is that your back was hurt while lifting in the scope and course of your employment.

Motor vehicle accidents that take place on the job can also result in serious back injuries. It is important to note that the only course of action in certain types of motor vehicle accidents may be through workers’ compensation. A prime example of this is when a co-worker is the at-fault driver.

Specifically in Georgia, through workers’ compensation you are entitled to 2 different benefits if you are injured on the job:

1. Indemnity benefits. The first type of benefit is indemnity (i.e. “wage loss”, “lost time,” or “wage replacement”) compensation. This is based on the income that you earned in the 13 weeks prior to your on-the-job injury with that company. If you weren’t employed for 13 weeks, there are other ways to determine your average weekly wage. Once your average weekly wage is calculated, the income received by the injured worker is two-thirds of that amount. There are no taxes taken out of indemnity benefits. This is one of the reasons why injured workers only receive two-thirds of their average weekly wage as opposed to all of it.
2. Permanent (PPD) disability. The second type of benefit you can receive in a workers’ compensation case is a permanent disability rating. This rating is determined by a doctor and relates to what percentage of permanent disability is the result of the work-related accident. Each body part has a different value according to the workers’ compensation statute. For back and neck injuries, the value is 300 weeks. In order to calculate a permanent partial disability amount, multiply the rating by the workers’ compensation rate by 300 to determine the value of a permanent partial disability rating for a back or neck.
3. Medical treatment. The third type of workers’ compensation benefit available to injured workers in Georgia is medical treatment. When you injure your back or neck at work, you should not have a single out-of-pocket expense for medical treatment relating to your on-the-job injury. This doesn’t mean that you can treat with any doctor you want, though; it is imperative to discuss your doctor options with an attorney.

What is a permanent back injury?

A permanent back injury is any injury that results in permanent pain and/or a disability. This doesn’t mean that you will never be able to work again; it just means that you will have a permanent disability as a result of the on-the-job injury. You may be limited in what jobs and activities you can perform as a result of the injury.

Furthermore, the greater the injury, the larger the permanent disability rating. An attorney can discuss what monetary remuneration you can receive as a result of a permanent back injury.

Should I go to work if I have back pain?

The first thing you should do if you have suffered a back injury is to report the claim to your supervisor or employer. Many employers are well versed in workers’ compensation protocols and should offer you work within your restrictions. Refusal to at least attempt the light-duty work could have a negative effect on your case.

If your employer refuses to comply with the restrictions and continued work would lead to greater pain and potential additional injuries, then it is important to let your supervisor know and contact an attorney as soon as possible. An attorney can ensure that you receive proper medical care and that the employer is either accommodating your restrictions or paying you indemnity benefits.

Can I sue if I hurt my back or neck at work?

Workers’ compensation is an “exclusive remedy” against your employer if you get hurt on the job. This means that you typically cannot sue your employer for pain and suffering if you get hurt on the job. However, if a third party causes the accident that results in back or neck pain, you may have a claim against them.

An example of this scenario is when an individual is making a delivery for their employer and they are involved in a motor vehicle accident. If the other driver was found to be at fault for the accident, the injured worker may have both a workers’ compensation and a personal injury claim. This option is case-specific, however, and an attorney can help determine whether or not a third-party claim is viable in your case.

Most common work-related back or neck injuries

Back and neck injuries are some of the most common injuries in the workplace in Georgia. They can vary in intensity from mild discomfort to excruciating pain that prevents you from getting out of bed. Such injuries can often be blamed on insufficient training, improper lifting technique, lack of safety awareness, tight deadlines, long days and other workplace factors.

Some of the most prevalent back and neck injuries at work include:

Who’s liable for your injury on-the job?

Under Georgia workers’ compensation law, an employee has the right to be compensated for a back or neck injury if work-related activities were a substantial cause of the injury. In many back and neck injury cases, controversy arises when an employer’s insurance company tries to make the claim that an injury wasn’t work-related or that the injury was a pre-existing condition.

Our attorneys will demonstrate to the insurance adjuster, or a judge, that your job caused your back or neck injury. If your injury was work-related, we can make sure the company pays for your surgery for a slipped disk. We can obtain benefits for you if you’ve suffered a pinched nerve. We’ve helped numerous workers in need of a good Georgia back or neck injury lawyer over the years, including nurses, certified nursing assistants, industrial workers and construction employees. We will fight for your rights in your case.

Contact our law firm today for your free consultation. Our back or neck injury lawyers will advocate for you if you’ve suffered a back injury and can’t return to work until you’ve fully recovered. Don’t delay.