Legal Guide

Steps to Take if Your Back Injury at Work is Caused by Negligence

A back injury can be one of the most excruciating ways to get hurt on the job. It is crucial to take the right steps and follow all instructions and rules of the company, doctors, and lawyers involved. Being in pain can cause one to forget many steps in the legal realm. A person working for a company should have their legal team back them up for situations dealing with injuries because the company has its own. Following the steps and the correct processes can make or break a person's case regarding injuries, mostly dealing with negligence. Everyone knows it is difficult to concentrate when the moment occurred, and the sharp pains are inflicting. Recalling to the best of one's ability as to what happened and the extent of the injury is critical. These are some steps to keep in mind should something like this ever occur, and you seriously hurt your back at work.  

Reporting Negligence as the Cause of the Back Injury

Inside the court of law, everything has to be proven from top to bottom. From the time of the injury, everything has to be documented. The very first thing to do is let the employer know about the injury and what happened. A back injury could be caused by several things such as a fall, lifting a heavy object, twisting the wrong way, or bending over. Most accidents are avoidable if safety is number one in a company. Sometimes, things get overlooked, which is when negligence can become a factor in injuries or worse. 

Negligence can happen from as high up as management to the employee, causing injuries to themselves. Investigations take place immediately after the incident gets reported. Human Resources, or whoever is in charge, usually is the one the worker will report concerning the injuries and what happened. This is a critical step in the process because if the injury was not reported, the worker might not have a company case. The company's defense would fight it by saying the accident did not happen at their location if the worker does not report it. 

Medical Attention

Naturally, with every injury, the worker should seek medical attention. When our bodies get into a severe injury, the adrenaline is still pumping. The full effects of the injury may not always take effect right away. It can take as little as a couple of hours later to days before the full results show up in the body. The company doctor can take X-rays and other medical procedures to examine the extent of the injuries. The worker will be instructed to see their doctor as well. All medical records should be kept together and in a safe place. 

Surgery and or physical therapy may be needed to get the worker back to 100 percent. Workers Comp should cover the cost, but a personal injury lawyer should always be involved with injuries that prolong the worker from returning to work. A sprained ankle or small cut should not be alarming to contact a lawyer, but dealing with broken bones or back injuries should have legal assistance in the picture once the worker seeks medical help first. The compensation usually turns out substantial due to the medical cost, loss of wages, and other parties who may have to take care of the worker if they cannot take care of themselves. 

The Need for Legal Assistance

Throughout the time the worker is out of work, they have to follow the doctor's orders and their lawyer's advice. It is the worker's responsibility to get better and back to work as soon as possible without causing further damage to their injury. However, this is not always the case due to the extent of the damage. After the reports are taken, the legal team will investigate the negligence to see if there is a case. Suppose negligence is discovered on the company’s part or from another employee. In that case, they will pursue either a paid settlement that is substantial and satisfactory to all parties or continues to go to court. Most cases get settled outside of the courtroom when negligence is involved. 

Legal assistance is there for the client, so they do not get screwed out of their job or their money owed due to an injury. Workers comp is an insurance company that the employer has to pay for the workers. Insurance companies will always find a way to wiggle their way out of spending all that is owed. Hospital and therapy bills, along with lost wages and other costs, are totaled to get the worker everything they deserve. 


It is essential to understand the lawyer is never paid upfront for a worker's comp case. They get their money along with the lump sum the worker receives from the settlement. Worker's comp only pays 70 percent of the worker's income, which is not enough to live. Should the damage keep the worker from going back to work, they will have a substantial amount in the settlement. All hospital bills and therapy, along with any cost accumulated from the injury, will be compensated. Once again, all the proper steps and documentation should be taken into account. The lawyer handles the case while the worker focuses on health. Unfortunately, sometimes it does not always happen that way. That is when lawyers are most helpful.

comments powered by Disqus