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Does a back injury qualify for a worker’s compensation claim?

| Aug 13, 2020 | Workplace Injuries |

On-the-job injuries are not something anyone wants. They hurt the worker because they incur lost wages. They also hurt the employer because it leads to a loss in productivity. In California, if a back injury occurs while the worker was working a shift, the worker may be able to collect worker’s compensation. Here are some things to consider.

Back injuries make-up one-third of all work-related injuries. The average cost of this worker’s compensation claim is up to $80,000, which covers medical costs and lost wages. A worker does have to prove that the injury occurred at work. Plus, the injury has to be within the scope of the worker’s duties. Injuries that occur at work-related events, business trips or while running work-related errands also qualify. Injuries at work but in violation of company policies and during the commute to work do not qualify.

Exact laws that govern worker’s compensation claims vary from state to state. Additionally, so do the statute of limitations. A worker who believes that their injury occurred on the job at their workplace is advised to see a doctor as soon as possible. Then, they must notify their employer. To proceed with a claim, the next step is to file the proper paperwork.

Since workers’ compensation claims are so expensive, employers have to do complete their own due diligence, too. The legal team for the company is going to go through all the paperwork submitted by the worker. Therefore, the paperwork has to be completely and properly filled out. The evidence has to be solid, including the diagnoses from the physician. Workers with back injuries who are going to push forward with a workers’ compensation claim are encouraged to hire legal representation that may not leave any holes in the case.