Work Related Lumbar Back Injuries
One of the most commonly injured body parts is the low back, or the lumbar region of the back. Individuals who work in jobs that require things like heavy lifting, or the repetitive lifting of objects are in great risk of developing an acute work related back injury. Additionally, those who work in jobs that require frequent postural changes in position, such as repetitive bending, twisting, crouching, crawling or kneeling, are also at great risk. Finally, just about anybody employed in the open labor market can develop a work related back injury from something as simple as a slip and fall, or bending over to pick up a light object. Back injuries are almost impossible to avoid, and are frequently one of the most devastating types of work injuries a person can suffer. This is because the law back is one of the most often used body parts.
A workplace injury to one's back can range from minor to quite severe. Minor injuries can require only a few days rest before the employee is able to resume his or her job, full duty. Severe cases can require years of treatments, including multiple surgeries, and result in permanent and total disability from any and all employment.
One of the most common defenses that the workers' comp insurers try to use when defending cases involving low back injuries is raising the defense of a preexisting condition. This is highly common. And, the older the person is, the easier it is for them to raise this defense. This is because as people age, our bodies suffer from wear and tear. These are often referred to as degenerative conditions. And the older we get, the more wear and tear we develop. Insurers will then hire Independent Medical Examiner's (IME Physicians) to write reports saying that any and all disability and need for treatment are related to preexisting, non-work-related degenerative conditions, and not related to the acute work injury the person may have suffered. This is quite common, and one of the most often litigated areas in the workers compensation forum.
If you suffered an injury to your low back/lumbar spine, report the injury immediately to your employer. Or, as soon as possible. Then, see a doctor immediately (either your own PCP, or go to a nearby emergency room). Be sure to tell the doctor when and how the injury happened! Get the injury down on paper!
Do not fall victim to aggressive employers who attempt to coerce their employees into not reporting the injury. This is another common situation, where employees feel pressured by their employer to not report the injury. This never works out good for the employee. A general scenario that results from this is that that employee keeps working, in pain, which gets increasingly worse and worse to the point where the employee can no longer do their job. The employer then terminates that employee's position for not being able to perform the essential duties of the job. Then, the employee tries to file for workers compensation benefits, and the insurer's argue that they are only filing for benefits because they were fired.
This is highly common, and it makes the job of the employee's attorney that much more difficult, and it presents just another hurdle for the employee to overcome.
At Troupe Law Office, we have handled thousands of workers compensation cases involving low back injuries. We have been representing injured workers and their families for close to 50 years. We are experienced workers comp lawyers.
Call us any time for a free consultation of your case.
The MA Workers Comp Law is ALWAYS changingThe MA Workers' Compensation law can be found at M.G.L. Chapter 152. This law was originally enacted in the early 1900s, and has since undergone countless numbers of amendments, revisions, and updates. Even individual cases handled at the MA DIA have the potential of how the law is applied going forward. Because the workers comp law is in a constant state of change, it is vital to have an experienced workers comp attorney by your side to ensure that your rights are protected. Many attorneys "dabble" in the field of workers comp law. Be sure to have someone who specializes in this field.