When Is Your Employer Responsible For Back Injury Compensation?

Back injuries can happen as a result of a one-time injury or as a result of nerve damage from repetitive stress. When they happen at work, you may want to seek back injury compensation from your employer. If you do choose to seek such compensation, it is important that you understand the rules as far as recovering your damages.

Work Injuries and Worker's Compensation

Work injuries are handled differently than most other personal injury cases. In the United States, a system called the Worker's Compensation system has been instituted by the legislature as an alternative to tort litigation for work injuries. Under worker's compensation, an employer must buy insurance for all covered employees (which is almost all employees, with the limited exception of agricultural workers and a few other stated exempt employees).

When a worker is injured, he is able to recover automatically from his employer if:

The injury arose out of his job or work duties
The worker was not drunk, under the influence or violating direct written company policy at the time when the injury occurred.

It is important to note that- unlike in tort cases- negligence on the part of the employer is not required to recover. Therefore, if you want to recover compensation for your bank injury, you simply must prove that you actually have suffered back injury and that injury happened because of your job. You do not even necessarily have to be at work when the injury occurs- if you are sent out on an errand for your boss when the injury happens then it can still be viewed as an injury arising out of work duties, and you may still recover under worker's compensation.

What Compensation Can You Expect for a Back Injury?

Worker's compensation has different rules in each state. Some states set compensation based on a list of impairments and disabilities. Other states set compensation based on the nature and extent of your injury and impairment. Therefore, the amount of compensation you are able to get for your bank injury will depend on how severe it is and what your doctor's diagnosis is. Typically, however, your medical bills will be covered as well as any lost wages from work you miss once you have been out for a minimum number of days.

Getting Help

If you have suffered from a back injury at work, you should consult with an experienced personal injury or worker's compensation attorney as soon as possible. Your attorney can provide you with detailed information on what your expected damages and recovery will be based on the nature of your injuries. Your lawyer can also help you to make a worker's compensation claim with your employer so you can get the compensation you deserve.

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