Workers’ Compensation Claims for Back Pain: What Injured Workers Need to Know

Back pain can be symptomatic of various types of on-the-job injuries. If you are struggling with back pain that is related to your employment, you may be entitled to workers’ compensation benefits under Ohio law. Workers’ compensation covers all types of on-the-job injuries, and employees are generally eligible to claim workers’ compensation from their first day of work. Learn more from an experienced Columbus workers’ compensation attorney at Malek & Malek Law Firm:

Back Pain Can Have Several Work-Related Causes

Back pain can have a variety of causes, and many of these causes are (or can be) work-related. If you are experiencing back pain, it will be worth finding out if your back pain can be linked to your job, as this could entitle you to workers’ compensation benefits. Some examples of possible work-related causes of back pain include:

• Soft Tissue Injuries – Strained muscles and ligaments in the back are common sources of back pain. These soft tissue injuries can have various causes, from lifting heavy objects to moving awkwardly or being struck by a moving object, and from performing repetitive movements to sitting in a position that puts constant strain on your back.
• Disk Injuries – The disks between the vertebrae in your spine serve as shock absorbers and are filled with a jelly-like substance. If one of the disks in your spine ruptures or becomes inflamed, this can cause severe back pain. Disk injuries can have many of the same causes as muscle and ligament strains in the back.
• Arthritis – One of the potential causes of arthritis is wear and tear from months, years, or decades of work. When arthritis occurs in the spine, it can also lead to a painful condition known as spinal stenosis in some cases. Stiffness, swelling, tenderness, and reduced range of motion are all common signs of arthritis as well.

While these are not the only potential causes of work-related back pain, they are among the most common. With each of these conditions, getting adequate rest is an important part of the recovery process, and injured workers may need to secure workers’ compensation benefits so that they can take time off from work to recover or manage their symptoms.

It Is Important to Promptly Obtain an Accurate Diagnosis

To file for workers’ compensation benefits, you will need an accurate diagnosis. Obtaining an accurate diagnosis is important for ensuring that you receive the treatment you need as well.

With this in mind, when you see a doctor for diagnosis and treatment, you should be sure to describe your symptoms with as much detail as possible. Is your pain sharp or dull? Is it located in your upper, middle, or lower back? Does your pain get worse with certain movements, or does it limit your mobility?

You should also tell your doctor when you started experiencing back pain. Did your back pain onset gradually? Or, did you feel a pop, stretch, or some other form of trauma in an incident on the job? The more details you can provide to your doctor, the easier it will be for your doctor to provide an accurate diagnosis and prescribe an appropriate treatment plan.

You Will Need Your Doctor to Link Your Back Pain to an On-the-Job Injury

For purposes of filing for workers’ compensation, you will also need your doctor to link your back pain to an on-the-job injury. While work-related soft tissue injuries, disk injuries, and arthritis are all common causes of back pain, they are not the only potential causes of back pain. If your medical records do not show that your back pain is related to your employment, you won’t be able to collect the workers’ compensation benefits you deserve.

In Ohio, you have the right to see a doctor of your own choosing for your first visit when you have concerns about a work-related injury. Afterward, you will typically need to see a doctor who has been approved by the Ohio Bureau of Workers’ Compensation (BWC). When you see your doctor, in addition to providing the details we discussed above, you should also specifically mention that you think your back pain might be work-related. You should also tell your doctor that you are planning to file for workers’ compensation.

Medical Benefits Are Available Starting with Your First Doctor’s Visit

One important reason to tell your doctor that you are planning to file for workers’ compensation is that medical benefits are available starting with your first doctor’s visit. These are the workers’ compensation benefits that cover the costs of diagnosing and treating work-related injuries.

If you tell your doctor that you are planning to file for workers’ compensation, your doctor’s office should file a claim with the Ohio BWC instead of billing your health insurance company (or sending you a bill if you don’t have coverage). As noted above, you will need to see a BWC-approved doctor going forward, and this doctor should directly bill the BWC as well.

When you have a workers’ compensation claim in Ohio, you are entitled to medical benefits covering all of the treatment you need to get better. If your doctor diagnoses you with arthritis or any other chronic back condition, you may be entitled to medical benefits on a long-term basis.

Disability Benefits Are Available If You Miss Seven Days of Work Due to Your Back Pain

Along with medical benefits, many employees who suffer work-related back injuries will be entitled to disability benefits as well. These benefits cover a portion of your lost wages when you are unable to work for seven days or more.

If you miss more than seven days but fewer than 14 days from work, you will only be entitled to disability benefits for seven days of lost earnings. However, if you miss 14 or more days, then you will become eligible to receive disability benefits dating back to the first day you missed.

In the short term, employees who suffer debilitating back injuries will generally be entitled to temporary disability benefits. However, if you are unlikely to ever fully recover from the cause of your back pain, you may be eligible for permanent disability benefits. If you become entitled to permanent disability, your Columbus workers’ compensation attorney will be able to assist with seeking the full benefits you deserve.

Securing Workers’ Compensation Benefits for Back Pain Can Be Challenging

While filing for workers’ compensation in Ohio is challenging in general, seeking benefits for back pain can be especially difficult. There are a few reasons why:

• Workers’ compensation only covers work-related medical conditions, and, in some cases, back pain can be the result of hereditary conditions such as osteoporosis.
• Because back pain can have various causes, it can be difficult to link an employee’s back pain to his or her job without clear documentation of an on-the-job incident.
• Unfortunately, some workers falsely claim that they are suffering from work-related back pain, and this can lead to skepticism about back-related workers’ compensation claims.

Due to the challenges involved in filing a successful workers’ compensation claim for back pain, it is important for injured workers to have an experienced Columbus workers’ compensation attorney on their side. If you hire an experienced attorney to represent you, here are just some of the ways your attorney will be able to help:

1. Proving Your Workers’ Compensation Eligibility

The first step toward filing a workers’ compensation claim is proving that you are eligible to receive benefits. Your attorney can assist with proving your eligibility and help you avoid unnecessary issues with your claim.

2. Documenting the Cause of Your Back Pain

Your attorney can also assist with making sure you have adequate documentation of the cause of your back pain. Your attorney can review your medical records, and, if necessary, your attorney can help with obtaining additional medical documentation.

3. Calculating Your Temporary Disability Benefits

Temporary disability benefits are calculated based on various factors. When you hire an experienced Columbus workers’ compensation attorney to represent you, you can rely on your attorney to make sure you are seeking the maximum benefits that are available to you.

4. Claiming Permanent Disability Benefits if Necessary

If you become eligible for permanent disability benefits, your attorney can assist with making sure you are seeking the maximum benefits here as well. This includes both determining when you become eligible and calculating your benefits based on your individual circumstances.

5. Dealing with Any Issues that Arise During Your Claim

Various issues can arise when you are trying to collect workers’ compensation benefits. Your attorney will be able to deal with any issues that arise, and your attorney will be able to provide the advice you need to make informed decisions while focusing on your recovery.  

Schedule a Free Consultation with a Columbus Workers’ Compensation Attorney Today

Do you need to know more about filing a workers’ compensation claim for back pain in Ohio? To schedule a free, no-obligation consultation with an experienced Columbus workers’ compensation attorney at Malek & Malek Law Firm, call 888-444-7440 or contact us online today.