How To Prove a Back Injury at Work for Compensation

Back injuries, either from trauma or repetitive strain, often happen to construction laborers, drivers, healthcare workers, and employees in many other occupations. When determining how to prove a back injury at work, your main challenge will be documenting it and establishing that it’s job-related.

Minnesota’s experienced workplace accident attorneys can help you prove your back injury and navigate the process of filing for worker’s compensation.

What To Do After Your Injury

The following steps are crucial to prove that the injury happened and is related to your duties as an employee. Doing the following will help protect your rights:

  1. Report your injury. As soon as you realize you sustained an injury or developed a chronic back condition, let your employer know. 
  2. Seek medical care. Unless it’s an emergency, you should use a healthcare provider approved by your employer’s insurer. Save all medical records as evidence for your claim. 
  3. Gather other evidence, including photos of your worksite or statements from coworkers who saw the accident. 
  4. Note work-related activities, such as repetitive lifting, bending, or carrying heavy loads, that could have caused your back injury. 
  5. Follow the doctor’s recommendations. Stay at home or avoid certain activities for as long as your healthcare provider instructs. Failing to do so could harm your health and your claim.

Can You Sue Your Employer?

Every employer is under a duty to maintain safe workplace conditions. If your employer violates OSHA regulations, you can report them; in this case, the law protects you from wrongful termination.

However, workers’ compensation is a no-fault system that usually prevents you from filing a direct lawsuit against your employer for unsafe work conditions. This makes claims quicker since you mainly need to consider how to prove a back injury at work rather than establish negligence. The main drawback is that workers’ compensation doesn’t cover pain and suffering, unlike regular personal injury claims.

You may have grounds for a lawsuit if your injury occurs because of a third party, like an independent contractor. Consult an experienced personal injury lawyer to find out whether this applies to your case.

Do You Need a Lawyer?

Unfortunately, some employers will try to prevent injured employees from seeking workers’ compensation because each claim bumps up their insurance premiums. Moreover, your employer’s workers’ compensation provider may challenge your claim and downplay your back injury or argue that it’s unrelated to your job.

You should consult an experienced workers’ compensation attorney if you suffer a serious back injury. Working with a legal professional will improve your chances of negotiating a settlement that covers your long-term medical care and other eligible costs.

Injured at Work? Call NGSW&B Attorneys at Law 

Did you sustain a back injury at work? Contact NGSW&B Attorneys at Law. Our knowledgeable, hardworking lawyers will let you know how to prove a back injury at work. We’ll help you present a strong claim and explain which things to avoid while on workers’ comp.  

Call toll-free at 888-596-6049 or fill out our quick online form for a free consultation.

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