According to the federal Bureau of Labor Statistics, back injuries make up about 20% of workplace injuries. While you may receive workers’ compensation benefits, you will need to convince your employer or their insurer of your eligibility. This includes providing evidence that your back injury happened at work and within your scope of duty.
This article reviews how to prove a back injury at work and why it matters for your workers’ compensation claim. Please consult our experienced Huntington Beach Personal Injury Attorneys if you have sustained a workplace injury.
Report the Accident
One of the most important rules of workplace injuries is that you should always report the accident to your supervisor. You want to do this immediately so they can document the time and date of the accident when filing a report. If you delay this step, the insurance company may argue that the accident didn’t happen while you were working.
See a Doctor
Once you have reported the accident, you should immediately seek medical attention, even if you don’t believe your injury is severe. You may see a personal doctor or one recommended by your employer, depending on your company policy. It is also important that you inform the doctor that your injury is work-related so they can document your injuries and treatment.
Gather Evidence
If your employer is not convinced that your back injury is work-related, they may not sign off on your workers’ compensation benefits. Convincing them will require that you provide evidence to strengthen your case, which may include the following:
- Security footage – If your workplace has security cameras, you should request a copy of the tape that may have recorded your accident. A video can act as compelling evidence for your claim.
- Witness statements – Witness testimonies can go a long way in proving your claim, which is why you should collect the contact information of possible witnesses after your accident.
- Employer notification – Most companies require that you report your accident to your employer within 15 days of discovering your injury.
- Doctor’s notes – Keep a detailed record of your diagnosis, doctor’s appointments, sick notes, and treatment duration.
- Prescriptions – Keep prescription statements from your doctor about the medication you need to take, why you need them, and how they will affect you.
Get a Second Opinion
Your doctor may not always be able to diagnose, treat, and document your work-related injuries. In most cases, you only need to see the doctor recommended by your employer for 90 days, after which you may see any doctor you want. If you believe the doctor is not treating you properly, you should find a new doctor and get a second opinion. If you do, make sure you document this treatment too.
Contact a Huntington Beach Personal Injury Attorney
In all personal injury cases, including workers’ compensation, the burden of proof lies with the injured party. This means you must know how to prove a back injury at work if you are to stand a chance of being awarded benefits, which may include collecting and presenting evidence.
Insurance companies are not in the business of making injury settlements, and without proof, your case could be thrown out. Luckily, the Huntington Beach Personal Injury Attorneys at El Dabe Ritter Trial Lawyers are experienced in proving such cases. Contact us today at 888-540-0836 to learn how we can help you.