Florida Workers’ Comp Back Injury lawyer

Few work injuries are more serious than those affecting the back. These injuries can range from mild discomfort to debilitating pain and each one is cause for serious concern.

An injury to the back can be the result of a specific incident or something that occurs over time based on the nature of your work. Proper medical attention early on is essential for long-term recovery. As such, it is important that you demand that your injury be evaluated and treated by the proper physicians and that a specialized course of treatment is recommended and authorized.

Even minor work-related back injuries left untreated can deteriorate over time and cause serious issues and pain later in life. Factoring in the resulting potential wage loss, these injuries are not something that can be left untreated.

Our Florida work injury lawyers at Berlin Law Firm have handled countless back injury workers’ compensation claims and have extensive experience with this complex system. It is essential that it is evaluated and treated by the proper physicians and that a specialized course of treatment is recommended and authorized. Our team can be your strongest advocate against insurance companies that seek to minimize or deny your claim. Contact us today to schedule a free consultation.

Back Work Injury Cases We Handle

Our attorneys have handled many types of back injury claims, including the following:

• Herniated disks
• Lower back injuries
• Bulging disks
• Spinal cord injuries/paralysis
• Nerve impingements
• Tendon strains
• Back muscle tears and bruises

If you have sustained any of these or some other type of back injury at your job and are considering filing or have already filed a claim for workers’ comp benefits, it is only to your benefit to contact our attorneys. Unlike other personal injury lawyers, our team only handles workers’ comp claims, ensuring you receive specialized legal guidance.

What to Do If You Have Experienced a Work-Related Back Injury

If you experience a workplace injury relating to your back or spine, you may need immediate treatment, including medications, physical therapy, diagnostic testing, injections, or even surgery.

Insurance companies are aware of the seriousness of these injuries and will work to gather evidence to deny your claim.  They will send you to doctors on their preferred lists, deny medically necessary diagnostic tests, and encourage your physician to send you back to work without treatment or restrictions. Then, when they have convinced you that you do not need treatment or that your complaints are not valid, the insurance companies will try to settle your claim for a fraction of the cost of its true value.

When you hire a Florida workers’ compensation lawyer to champion your interests, you will level the playing field and significantly increase your chances of getting the full benefits you deserve for your back injury claim.

Filing a Claim for Back Injuries 

In Florida, like in most other states, you need to take care of a few matters to file your workers’ comp claim for a back injury: 

• First, report the injury to your employer as soon as possible, and in every case, no later than 30 days after you sustain the injury. This is a relatively easy task if the injury is sudden. However, if it results from a degenerative injury that sets in over time, the exact start date of the injury may not be apparent. Your best strategy is to report a suspected back injury when you feel discomfort or pain. 

• Have a physician diagnose the back pain issue promptly after you experience pain. Your employer’s workers’ compensation insurance carrier will require you to see their designated physician. However, it’s still wise to see your own doctor to document the injury as soon as it happens. 

• Write down how the injury happened and the names of witnesses or coworkers who can attest to your injury. 

• Ensure your employer reports the injury claim to its worker’s comp insurer. If your employer refuses to file a report, call your local Florida Employee Assistance Office or contact an experienced Florida work injury lawyer for help. 

• File a workers’ compensation claim petition, which will require you to list your and your employer’s name and contact information and to provide a thorough description of the cause of your back injury and the medical diagnosis you received. 

• Follow up with your employer’s workers’ comp insurer to verify your claim is under review. However, be careful about what you say to claims adjusters and insurance company representatives. 

If your claim is not being reviewed or you receive a notice of rejection, do not hesitate to call a Florida workers’ compensation attorney for assistance. 

The Evaluation Process for Back Injuries 

Insurance companies in Florida analyze several factors before offering workers’ compensation settlements for back injuries, including: 

• How severe is the injury, or is it likely to get worse? Spinal cord injuries are generally considered to be most severe, while back strains or back muscle spasms will get substantially less consideration. 

• To what extent does the back injury impair the employee’s ability to work? 

• What are the average medical costs and expenses for treating the injury because that is the basis of a workers’ comp claim? 

• How has the back injury adversely affected the employee’s earnings? For example, are the employee’s salary and wages substantially less after it? 

• Can the employee be reassigned to perform job tasks not hindered by the back injury? 

• Does the back injury cause a total or only a partial disability impairment, and is it temporary or permanent? 

Worker’s comp benefits will also be affected by a doctor’s assessment of when the employee has reached Maximum Medical Improvement (MMI). If an insurer’s evaluation leads to an inadequate settlement offer, the employee should retain the services of an experienced Florida workers’ compensation attorney. 

Compensation for Work-related Back Injuries

Florida’s Division of Workers’ Compensation reports that in 2023, the average workers’ compensation settlement for a back injury was more than $15,000. The total workers’ compensation benefits that you can recover for work-related back injuries will depend on the nature and extent of your injuries and whether they are:

• Total but temporary, such that you are wholly unable to work but are expected to recover.
• Partial but temporary, you can perform some but not all of your job-related tasks.
• Total and permanent, you will never be able to return to work.
• Partial and permanent, you can return to work but will never be able to perform all your former job duties.

Workers’ comp reimburses a portion (typically two-thirds) of the salary and wages you cannot earn due to your injuries, as well as your medical expenses associated with the authorized treatment of your injuries.

For example, you are unable to work for a year due to a back injury that causes a total but temporary disability. Further, you had previously earned wages totaling $75,000 per year. In addition to paying your medical bills, workers’ compensation insurance will replace two-thirds of your lost wages, or $50,000. Wage replacement from workers’ compensation is not taxed in the state of Florida.

For a better assessment of the compensation you might recover for a work-related back injury, consult any of the lawyers at the Berlin Law Firm.

Proving that a Back Injury Happened at Work

Before you collect benefits, you and your attorney will need to prove that your back injury is work-related. If there is any question, your employer and its workers’ comp insurance company will conduct their own investigations to determine if your injuries are more consistent with your activities outside of work than with anything that happened while you were on the job.

Proving that your back injury happened at work is more straightforward when any of the following is true:

• You promptly report the work incident where you injured your back to your employer in writing, preferably within 24 hours after it happened.
• Your co-workers and other witnesses support your version of the incident.
• Your employer’s security cameras captured the event that caused your back injury.
• You had an examination by a doctor soon after you suffered the injury, and your doctor is able to provide an opinion that your injury is consistent with a work-related accident.

A back injury that seems minor at first can lead to chronic pain and disability over time. If you do not promptly report the accident that caused your back injury, your claim may be denied.

When you hire a knowledgeable Florida workers’ compensation attorney immediately after you suspect an injury, they will have a better opportunity to secure important evidence, e.g., security camera footage that your employer could otherwise tape over, to show that your accident happened while you were at work.

Obtain the True Value of Your Workers’ Comp Claim

At Berlin Law Firm, we understand the stress and anxiety you may be facing over your work-related back injury. We also know the strategies and tactics that insurance companies and employers will utilize to get you to settle your claim and get your file closed. We will work with you through every step of the process, fighting to get the care and treatment you deserve and the proper compensation for your injury.