Challenges of Workers’ Comp Claims Involving Back Injuries

back injury from loading packagesYour job may have aggravated an existing back injury or caused a new one. However, proving there is a link between your job and your back injury can be very difficult. This is why we recommend contacting an experienced attorney for assistance.

Our Appleton workers’ compensation attorneys have helped many injured workers recover benefits. If you have sustained a work-related back injury, contact our legal team for a free, no obligation consultation now.

Wisconsin Law on Occupational Diseases

Occupational diseases are chronic mental or physical conditions that develop through long-term exposure due to employment. They may happen because of exposure to substances, working conditions or activities at work.

Back injuries caused by repetitive motion or strain could be considered an occupational disease. They may result from repeatedly performing the same physical tasks each day, such as lifting heavy items in a warehouse.

Wisconsin’s workers’ compensation system does provide benefits for workers who suffer occupational diseases. However, it is more difficult to prove these conditions are a result of one’s employment than it is to prove an injury from a workplace accident. This is partly because back pain could be caused by many things outside of work.

Why You Should Notify Your Employer About Back Pain Immediately

As soon as you develop back pain at work, you need to tell your employer. Delayed notification and late reporting may lead an employer to believe the injury did not happen at work or does not exist.

Injuries should be reported as soon as possible. Always give notice in writing and keep a copy for your records.

How Insurers May Try to Deny Your Claim

Workers’ compensation claims for back injuries may be denied because the insurer claims an injury is not work-related or that an employee’s pre-existing condition is to blame for the injury. Insurers may try to deny a claim based on pre-existing conditions such as:

  • Degenerative disc disease
  • Arthritis
  • Herniated disks
  • Broken bones
  • Torn ligaments

It is important to seek medical treatment and tell your doctor that you feel your back injury is related to your employment. Your doctor will make a note of this in your medical record and give his or her opinion on if he or she believes your back injury is work-related.

Evidence You May Need to Prove Your Injury

There are many different types of evidence which can be helpful in proving your back injury is work-related, such as:

  • Doctors’ statements that indicate your back injury and diagnosis are related to work.
  • Medical records that cover the dates and length of treatment, including what treatments were prescribed (such as physical therapy).
  • Workplace security camera footage that shows an accident where you aggravated your back.
  • Coworker and witness testimonials from those who have seen you struggling with a back injury or heard you say you were having back pain.
  • Prescription records from your doctor, including details about what the medications are prescribed for and why they are necessary for your treatment.

Schedule a Free Legal Consultation Today

The licensed attorneys of Sigman, Janssen, Sewall, Pitz & Burkham help injured workers navigate the workers’ compensation claims process and pursue benefits for their medical bills and lost wages.

Request a free, no obligation consultation so our experienced lawyers can review your claim and inform you of the legal options that may exist in your situation. There are no upfront fees to pay and you only pay us if we recover compensation for you.

You can call us at (877) 888-5201 or complete our Free Case Review form.