Neck and Back Injury Lawsuit

Sometimes, it is difficult to determine whether a neck or back injury occurred during one’s employment, as opposed to an injury that transpires in the ordinary course of day-to-day life. The precise location or cause of a neck or back injury can be similarly difficult to determine because many neck and back injuries lead to cervical radiculopathy, or radiating pain, which typically spreads across the upper body and affects the shoulders, arms, chest, and upper back.

Symptoms of a neck or back injury usually vary from person to person, but typically include:

• Muscle Stiffness
• Inability To Move Head, Neck
• Headaches Or Migraines
• Radiating Pain
• Numbness
• Difficulty Sleeping

If you suspect that you have suffered from a neck or back injury, the most important thing you should do is visit your doctor or treatment provider and explain your symptoms. You should outright ask for diagnostic testing to rule in or out the possibility of a neck or back injury. Our lawyers have helped injury victims who were initially thought to have minor injuries. Only after diagnostic testing was discovered to have sustained damage to their cervical spine, which is much more significant and long-lasting.

Neck injuries and back injuries can lead to long-term pain and debilitating stiffness. Many people, especially those who work at a desk all day or lift heavy equipment at construction sites, are at risk for severe back and neck injuries.

Minor back and neck injuries can dramatically affect a person’s quality of life. It can also affect that person’s productivity and morale in the workplace. If the injury worsens, the costs add up when the person has to take time off.

Knowledge is the best way to prevent workplace back and neck injuries. Learning about the major causes of back and neck pain can help reduce the risk in the workplace.

Here are the most common causes of workplace back and neck injuries:

• Inadequate Safety Measures – In the construction and manufacturing industries, safety precautions are a must. Unfortunately, worker protections are often lacking, which violates the Occupational Safety and Health Act.
• Defective Safety Measures – When safety measures are inadequate, employees are at risk. Faulty equipment can include scaffolding systems, ladders, lifts, and other fall arrest systems. The manufacturer or designer may be held liable under liability laws.
• Vehicular Accidents – Impacts during car accidents can jolt the ligaments and muscles in the spine and beck. But the injury, often called whiplash, may not appear for hours or days after the impact. That’s why you should always see a doctor after a car accident. If you experience stiffness, dizziness, or headaches, you may have whiplash. Driving safely and avoiding distractions are the best defenses against this type of injury.
• Repetitive Motions or Movements – Making the same motions over and over again can cause gradual wear and tear on your bones, ligaments, and muscles. You should see a doctor if you start to notice stiffness or pain in the neck or spine after a day of working. Regular breaks and preventative stretching can help you avoid repetitive stress injuries.
• Falls, Slips, and Trips – Falling in the workplace can cause serious spine and neck injuries. People often get whiplash, vertebral fractures, and other injuries after tripping, slipping, or falling at work. Always stay alert about what’s happening around you. Follow safety protocols when on the job site. Wear proper footwear to avoid injuries at work.
• Poor Posture – Your neck and back can suffer immense strain when lifting heavy loads or sitting in a poor position all day. Those lifting heavy loads should wear adequate support for the neck and back. Those seated at a desk all day should have ergonomic chairs and keyboards available. It’s also essential to maintain proper posture and take regular breaks. All of these measures can help you avoid neck or back injuries.

Our experienced attorneys have handled personal injury and workers’ compensation claims involving nearly every type of neck and back injury. Please give us a call if you have suffered from one of the following types of injuries:

• Whiplash
• Neck “stinger”
• Herniated disc
•  fracture
• Cervical dislocation
• Cervical strain or sprain

Our attorneys can work with your doctors to understand how any preexisting conditions differ from or exacerbate your current injuries. If you or a loved one suffered a neck or back injury and was diagnosed with a neck or back injury or cervical problem, you could recover damages in the following form:

• A lifetime medical award for ongoing medical care
• Recovery of lost income for your time out of work due to treatment or recovery
• Permanent partial disability payments
• Vocational rehabilitation
• Death benefits for spouses and family members

We understand that even after an injury has healed, a neck or back injury’s aftereffects can be long-lasting or even permanent. We are here to help you and your family understand the compensatory damages aspect of your case.

Your employer’s workers’ compensation policy should cover all medical expenses related to the neck and back injury. Any costs associated with doctor appointments, surgeries, prescriptions, and durable medical equipment should be covered with no questions.

If an employee cannot return to their pre-injury job, the policy should cover vocational rehabilitation benefits.

Workers’ compensation should cover the employee’s lost wages for a time after work. The benefit amount is usually two-thirds of the pre-injury weekly wage.

Injured employees can qualify for one of four types of disability benefits:

• Temporary Total Disability – If an employee is off work for a limited time, the employee should receive temporary total disability.
• Temporary Partial Disability – If an employee can perform light work duties while recovering, they may return to work and receive temporary partial disability.
• Permanent Total Disability – If the employee is wholly and permanently disabled and cannot return to work, the employee should receive permanent total disability benefits and be eligible for Social Security disability.
• Permanent Partial Disability – If the employee experiences a complete or partial loss of body or body part that impacts their ability to work, they should receive permanent partial disability.

If an employee is killed on the job, the family is entitled to receive death benefits to compensate for the loss of financial support.