San Bernardino Workplace Back Injury Lawyer

Back injuries are a frequent workplace injury. While they are more common among laborers, any worker can experience a back injury. In fact, some back injuries are the result of repetitive stress and overuse, which can occur in any position. These injuries range in severity. Sometimes, a worker needs rest and a break from physical labor. Other times, a back injury requires a more extended period of physical rehabilitation, medical intervention, and possibly surgery. Even with medical intervention, people may not completely heal from back injuries.

If you have a workplace back injury, you should be entitled to worker’s compensation coverage. You may also be entitled to disability coverage if the injury prevents you from working. If a third party caused or contributed to the injury, you could also have a personal injury claim. A dedicated workplace back injury lawyer can help you explore all your potential remedies after an injury.

Acute Workplace Back Injuries

Some workplace back injuries are acute—they happen suddenly because of a single event or injury. Potential causes of acute back injuries include falls from heights, explosions, being hit by an object, and slip-and-fall accidents. Anything that can cause the back to twist unnaturally, tear muscles, or damage the spine can lead to a back injury.

Chronic Workplace Back Injuries

Back injuries can be the result of repetitive stress or overuse, not just the result of accidents. Some activities that can create these chronic back problems include repeated lifting of objects, turning the torso, carrying objects, and pulling. Heavy lifting increases the risk of chronic back injuries. Operating heavy machinery can also place strain on a worker’s back.

A job does not have to be physically challenging to lead to back injuries. Sedentary desk workers can develop back injuries from typing and other activities, especially if they do not have access to ergonomic seats or desk arrangements. People who have to stand or walk as part of their job can also experience back injuries.

Worker’s compensation covers repetitive stress injuries. However, it can be challenging to establish if an employee’s hobbies or other regular activities also lead to that type of stress. A workplace back injury attorney in San Bernardino could help prove the injury is work-related.

Filing a Workers’ Comp Claim

When a workplace accident leads to an injury, it is essential to document the event. Get pictures and witness statements, if possible. The workplace may also require some accident reports. It is vital to file them as soon as possible to ensure the injury is linked to the event causing it.

Employees should report the accident, even if they share liability for the injury. Under worker’s compensation, proving fault is not part of getting coverage. Unless the worker intentionally injured themselves, was intoxicated, or was breaking the law at the time of the injury, sharing liability will not keep someone from collecting worker’s comp.

Instead, a worker needs to establish certain elements to be eligible for a claim. First, they must show that they are an employee. Some employers misclassify workers to try to avoid worker’s compensation rules and get around tax implications. However, the worker’s classification does not govern whether they are a worker or an employee—it depends on the amount of control the employer has over the worker’s activities.

Next, they must show that the accident occurred during the course of employment. The injury does not have to happen at the workplace as long as the employer is working at the time of the injury. However, injuries going to and from work as part of a typical commute do not generally qualify. A San Bernadino attorney could investigate the facts of the back injury and advise whether it is a workplace injury.

Talk to a San Bernadino Workplace Back Injury Attorney

If you hurt your back, you may be tempted to try to work through the pain because you are worried about time away from work or missed wages. You should not delay appropriate care, as it can make back injuries worse. Instead, you should get medical care as soon as you experience an injury or as soon as you notice the impact of repetitive stress.

Your employer—and their insurer—should pay worker’s compensation for your injuries. If they do not—or if you have concerns that they will not—an attorney can help you with the process. Contact a San Bernardino workplace back injury lawyer to learn more.