Back Injury at Work: What To Do in Virginia

Suffering a back injury at work can be a life-altering event, leaving you in pain, unable to work, and facing mounting medical bills. If you’ve sustained a back injury on the job in Virginia, it’s crucial to understand your rights and the workers’ compensation process. This guide will walk you through the steps to take, the benefits you may be entitled to, and how an experienced workers’ compensation attorney can help you navigate the system.

Job Duties With High Risk for Back Injury at Work in Virginia

Certain job duties can put you at a higher risk of sustaining a back injury while at work in Virginia. If your occupation involves any of the following activities, you may be more susceptible to back problems. In Virginia your back injury MUSTcome from a specific identifiable incident and NOT repetitive trauma:

• Lifting or moving heavy objects: Lifting, carrying, and moving big objects can strain your back muscles and put excessive pressure on your spine, particularly if you don’t use the right lifting techniques.
• Working in uncomfortable positions: Examples are jobs that require you to bend over for extended periods without proper back support or work in awkward postures.
• Constant bending, twisting, and lifting: Occupations like house painting, nursing, or construction often involve repetitive bending, twisting, and lifting motions, which can gradually wear down your back over time.
• Working in confined spaces: Electricians, plumbers, or other professionals who work in tight, cramped spaces may have limited room to move freely. This leads to strained muscles and joints as they contort their bodies to perform their tasks.

These activities could potentially damage the structure of your spine through injury or strain. Conditions like sciatica nerve pain, caused by compression between vertebrae bones, are common among workers who engage in physically demanding tasks. If your job duties align with any of these scenarios and you’ve experienced a specific event which structurally changed your back, seek medical attention and explore your options for workers’ compensation.

Occupations Most Vulnerable to Work-Related Back Injuries in Virginia

While back injuries can occur at any job, certain occupations are more susceptible to work-related back injuries, including:

• Construction workers and manual laborers: These workers are often required to lift heavy materials, perform repetitive motions, and work in awkward positions, increasing the risk of back injuries.
• Manufacturing and distribution workers: Jobs involving assembly line work, material handling, and operating machinery can put significant strain on the back, leading to injuries.
• Nurses and healthcare providers: Lifting and transferring patients, as well as standing for long periods, can contribute to back problems for healthcare workers.
• First responders: Firefighters, police officers, and EMTs may have to lift heavy equipment or perform strenuous activities during emergency situations, putting them at risk for back injuries.
• Retail employees: Stocking shelves, lifting merchandise, and standing for extended periods can lead to back pain and injuries for retail workers.
• Transportation drivers: Long hours of sitting and vibrations from the vehicle can take a toll on the back, particularly for truck drivers and taxi drivers.
• Teachers or childcare workers: Standing for a long time, plus regularly  lifting and carrying children, can strain the back muscles and increase the risk of injury.
• Auto mechanics: Working in awkward positions and lifting heavy automotive parts can contribute to back problems for mechanics.

Regardless of how a work-related back injury arises, it is important for injured employees to understand their entitlement to workers’ compensation for medical expenses, lost wages, and other losses.

Workers’ Compensation Benefits for Back Injuries

In Virginia, workers’ compensation is a no-fault system designed to provide benefits to employees who suffer work-related injuries or illnesses. “No fault” means you don’t have to prove that someone was at fault – as long as the injury arose due to and during your employment, you may claim compensation. If you’ve sustained a back injury at work, you may be eligible for the following benefits:

• Medical benefits: Your employer’s workers’ compensation insurance should cover all reasonable and necessary medical expenses related to your back injury, including hospital stays, doctor visits, physical therapy, and prescribed medications.
• Temporary total disability (TTD) benefits: If your back injury prevents you from working for more than seven days, you may be entitled to TTD wage-loss benefits. These benefits typically cover 66 2/3 of your average weekly wage, subject to certain limits.
• Permanent partial disability (PPD) Benefits: If your back injury results in a permanent impairment or loss of function, you may be eligible for PPD wage-loss benefits. These benefits are calculated based on the severity of your impairment and your pre-injury average weekly wage.
• Vocational rehabilitation: In some cases, if you cannot perform your previous job duties due to your back injury, your employer’s insurance carrier may be required to provide vocational rehabilitation services. This is to help you return to work or find suitable employment.

Filing a Workers’ Compensation Claim

To receive workers’ compensation benefits for your back injury, you must follow these steps:

1. Report your injury: Notify your employer about your back injury as soon as possible in writing. In Virginia, you generally have 30 days to report a work-related injury, but immediate reporting is more helpful to your claim.
2. Seek medical attention: Visit an approved healthcare provider for an evaluation and treatment of your back injury. Be sure to inform the provider that your injury is work-related.
3. File a claim: Your employer should file a workers’ compensation claim with their insurance carrier on your behalf. If they fail to do so, you can file a claim directly with the Virginia Workers’ Compensation Commission.
4. Provide documentation: Gather and submit any relevant medical records, accident reports, and witness statements to support your claim.
5. Follow treatment plan: Comply with your healthcare provider’s treatment recommendations and attend all scheduled appointments to demonstrate your commitment to recovery.

Factors That Can Affect Workers’ Compensation Settlements for Back Injuries in Virginia

Several factors play a crucial role in determining the amount of compensation an injured worker may receive. The severity of the injury is often the most significant factor, but other considerations also come into play. Here are some key factors that impact Virginia workers’ compensation settlements for back injuries:

• Severity of the back Injury: More severe injuries, such as herniated discs, spinal cord injuries, or those requiring surgery, typically result in higher settlements compared to minor strains or sprains.
• Medical documentation: Comprehensive medical documentation is essential to demonstrate the nature and extent of the back injury, as well as its connection to the workplace accident or conditions. Detailed records from healthcare providers are crucial in supporting the claim.
• Need for surgery: If the back injury requires surgical intervention, the associated costs and recovery time can significantly increase the settlement amount. Surgeries for back injuries can be complex and expensive, leading to higher compensation.
• Pre-injury earnings: A worker’s pre-injury wage is the basis in calculating the amount of temporary total disability (TTD) and permanent partial disability (PPD) benefits they may receive as part of the settlement.
• Physical job requirements: The physical demands of the injured worker’s pre-injury job are considered. If the back injury prevents them from returning to their previous role, it may result in a higher settlement to account for potential loss of earning capacity.
• Permanent impairments: If the back injury results in permanent impairments or limitations, the settlement amount may be higher. This is to compensate for the long-term impact on the worker’s ability to perform certain tasks or find suitable employment.
• Employer’s defenses: The employer’s insurance company may attempt to deny or minimize the claim by presenting defenses. They may argue, for example, that the injury was not work-related or that pre-existing conditions contributed to the back injury. Strong evidence and legal representation can help overcome these defenses and secure a fair settlement.

Obtaining a full and fair workers’ compensation settlement for a back injury in Virginia can be challenging, especially when dealing with complex cases or uncooperative insurance companies. Having an experienced Virginia workers’ compensation attorney on your side can significantly increase your chances of receiving the maximum compensation you deserve.

The Role of a Workers’ Compensation Attorney

While it’s possible to navigate the workers’ compensation system on your own, having an experienced attorney on your side can significantly increase your chances of receiving the benefits you deserve. A skilled workers’ compensation attorney like Jaleh K. Slominski can assist you in the following ways:

• Ensure that your claim is filed correctly and on time
• Gather and present evidence to support your claim
• Negotiate with the insurance carrier for a fair settlement
• Represent you at hearings or appeals if your claim is denied
• Protect your rights and advocate for your best interests throughout the process.

Frequently Asked Questions About Sustaining A Back Injury In The Workplace (FAQs)

What should I do if my employer denies my back injury claim?

If your employer or their insurance carrier denies your back injury claim, you have the right to appeal the decision. Your workers’ compensation attorney can guide you through the appeals process and present evidence to support your claim. It’s essential to act promptly, as there are strict deadlines for filing appeals in Virginia.

Can I choose my own doctor for treatment?

Yes and no. In Virginia, your employer must provide you with a panel of three doctors from which you can choose your treating physician. Typically, this panel is pre-approved by your employer’s workers’ compensation insurance carrier. However, if you are dissatisfied with the care you’re receiving, you may be able to request a change of physician through the Virginia Workers’ Compensation Commission.

How long do I have to file a workers’ compensation claim for a back injury?

In Virginia, you generally have two years from the date of your back injury or the last date you received workers’ compensation benefits to file a claim. However, it’s crucial to report the injury to your employer as soon as possible, as delays can jeopardize your claim.

Can I receive compensation for pain and suffering?

Workers’ compensation benefits in Virginia do not cover pain and suffering or other non-economic damages. However, if your back injury was caused by a third party’s negligence – for example, a defective product or a motor vehicle accident – you may be able to pursue a separate personal injury claim. If successful, this can provide additional compensation.

What happens if I can’t return to my previous job due to my back injury?

If your back injury prevents you from returning to your previous job, the workers’ compensation insurance carrier may have to provide vocational rehabilitation services to help you find suitable employment. Additionally, you may be eligible for permanent partial disability benefits if you have a permanent impairment or loss of function.

Sustained a Work-Related Back Injury? Let Slominski Law Help You Recover Virginia Workers’ Comp Benefits.

A back injury at work can be overwhelming, but you can navigate the workers’ compensation process to receive the benefits you need for yourself and your family. If you’ve sustained a back injury on the job in Lynchburg, Virginia, don’t hesitate to contact Slominski Law at (434) 384-9400 (Lynchburg) or (540) 554-3762 (Roanoke) for a free consultation. With over 30 years of experience, Attorney Jaleh K. Slominski can provide the personalized attention and skilled representation you deserve.