Spinal cord injury is a devastating injury that leaves victims’ friends and families with no hope due to the enormous lifetime medical bills spent on medication.
A spinal injury can result from falls, car accidents, or sports, among other issues. In workplace, spinal injury damage may result from lifting heavy objects, twisting or straining the back in any other harsh task. When such an injury happens, then it gives the victims a chance to get workers compensation benefits.
If you are suffering from spinal injury, you may need to file a workers’ compensation claim.
Common Spine Injuries For Workers’ Compensation Claim
When filing your spinal injury, you will not need to prove negligence, but you must have enough evidence to show that you were injured within the scope of employment. This is the only way the insurance can provide medical care to help you recover from your spinal injury. Such injuries can either be complete (no movement or loss of feeling on the whole body or the affected area) or incomplete (partial movement or loss of feeling on the injured section). Below are some of the spine injuries that may result in workers compensation benefits:
- Repetitive motion injuries: Some of the common repetitive movements that lead to spinal injuries include pulling, twisting, straining, etc. This weakens the spine structures and hence an increased risk of injury. Worse is that such injury often develops slowly over an extended period of time. In such a scenario, a victim may wonder what would happen to a worker’s compensation claim if they report an injury late. Many states have deadlines for reporting. Alaska is not an exception. However, there are exemptions to such rules. A victim may use the discovery rule.
- Falls: Sudden trauma may result in your spinal bone structure breaking. For instance, if you fell off from a ladder or a moving object, the injury caused may show up over time if such pain is not apparent immediately.
Reporting Your Spinal Injury
Giving notice depends on the state you live in. In Alaska, you need to report to your employer within 30 days of the injury. Failure to report your injury on time may result in your claim denial. Reporting an injury improves your chances of getting a strong claim and hence faster financial recovery. The truth is that there is no way to get benefits without informing your employer about your injury. If you never knew about the injury until sometime later, your benefits may be denied or be drastically reduced. Though the deadline has passed, you may still be compensated for your injuries if you prove that:
- There was a good reason why you never notified your employer on time
- There was not legal post to notify the employee of workers compensation rules
If you reported your injury and your claim is denied, you might have the right to appeal. Such a case may require you to be represented by AK’s top compensation lawyers.
For a successful claim, make sure that your spinal injury medical report has no disparity with any evidence you will provide. Insurance companies may use such to deny your claim, with the reason that you have conflicting information. Still, you don’t need to include every detail in your evidence; you don’t want to give the insurer any doubt.
When reporting your injury, only describe those symptoms that you observe. Meaning you should not speculate what may have led to your injury. If not sure what to say, you may consult an employment lawyer. Such a lawyer can also advise on any reporting limitation that may apply in your case.
If your claim is successful, you can be assured of getting the benefits below, depending on your case circumstances:
- Medical expenses for up to two years following the injury
- Disability benefits
- Death benefits which may be paid to the dependents
Getting Your Fair Share
Any workers’ compensation agreement made becomes final. That’s why you should be accompanied by a lawyer when signing such an agreement. You can either choose to settle your claim or go to a hearing to have the judge decide the matter. Payouts for work-related injuries have a huge range due to medical expenses (emergency or ongoing care expenses) or lost wages for an individual.
How much to recover as workers compensation benefits will be determined by
- The extent of your spinal injury
- How well you were able to document your evidence
- Whether you followed the statute of limitations. You might receive less if you filed your claim after the deadline.
Even if you were not aware that the deadline for your spinal injury has passed, you might still be eligible to get the benefits. But you still should report the incident to your employer. In such a case, you should consider having an experienced employment attorney determine whether exceptions may apply in your case and help you understand your legal rights.
