The Bureau of Labor Statistics reports that there were 29,380 reported workplace neck injuries in a one-year period. These injuries resulted in a median of eight to nine days away from work. If you suffered a neck injury at work, you need to know how to obtain compensation.
The experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains how to get compensated for a neck injury at work.
Neck Injury at Work Compensation
- If you suffer a neck injury at work, you may receive compensation.
- Through your employer, a neck injury is a workers’ compensation claim.
- You may receive benefits and monetary compensation.
- The amount of compensation may vary depending on multiple factors, including your income before the injury and the severity of the injury.
- To receive compensation, you report the workplace accident and file a claim.
- If the employer refuses to pay compensation, you may challenge the decision.
- A lawyer for workers’ compensation benefits can represent you.
Common Causes of Neck Injuries in the Workplace
- Falling objects
- Falling from an elevated surface
- Electrical incidents, electrocution
- Machinery malfunction
- Poor posture, long periods of sitting or crouching
- Car accidents, motor vehicle accidents
- Repetitive lifting with recurring trauma
There may be additional contributing factors like a lack of personal protective equipment, insufficient rest breaks, and poor assessment of the dangers in a workplace environment. Proving employer negligence is not required for an on-the-job neck injury claim.
Symptoms and Medical Treatment for Work-Related Neck Injuries
Sometimes, a neck injury is easy to recognize. You may have sharp pain and limited mobility. Other times, the symptoms of a neck injury are subtle. You may experience nagging, shooting pain, or numbness. A neck injury can cause difficulty breathing or weakness in the arms and hands.
Your workers’ compensation benefits entitle you to paid medical care for a workplace neck injury. The employer must pay for medical treatment that intends to reduce the degree of disability, including physical therapy. While the employer has the right to choose the treating doctor, you can ask for a change of doctors in some circumstances.
A common dispute in neck injury claims is the extent of necessary medical care. An attorney can assist you in challenging the decision if the insurer refuses to pay for medical care that should be covered.
How To File a Workers’ Compensation Claim for a Neck Injury
To file a workers’ compensation claim for a neck injury, report the accident to your employer. Seek medical attention. File Form 50 to preserve your right to benefits. You must comply with medical treatment directives for continued eligibility.
It’s important to understand what benefits you deserve. Review your case for the calculation of your average weekly wages and whether any waiting periods were correctly applied.
If any of your benefits are not awarded properly, you may take your case to a hearing. In addition, it may be in your best interest to settle the case. An attorney can evaluate your situation and negotiate for you.
The basis for workers’ compensation for a neck injury
A workplace injury is compensable if it is caused by an accident. When the neck injury results from an unusual event that is not expected or designed, it may be compensated.
The injury must arise from the course of employment.
Repetitive trauma as the basis for a claim
Although there must be a qualifying event, repetitive trauma may qualify. Cumulative effects of repetitive trauma may be the basis for a neck injury workers’ compensation claim. You must present medical evidence of a direct causal relationship between the work and the injury.
Calculating Benefits: Medical Expenses, Lost Wages, and More
Medical benefits—Covered 100%, but there may be disputes about what is covered, including physical therapy.
Lost wages—Generally paid at 66 2/3% of the average weekly wage. Disputes may arise about calculations and when the person should return to work.
Permanent disability—To compensate a person for permanent disability or disfigurement.
What To Do If Your Claim Is Denied
If your claim for compensation for a neck injury at work is denied, you can challenge the decision. You may request a hearing to do so.
A neutral third party will review the evidence. You must prepare evidence to support your claim. This may involve detailed medical evidence and facts about how the injury occurred.
If you receive a denial, review the reasons given to help you proceed effectively. An attorney can assist you. Don’t wait to hire an attorney because there are time limits.
When a Neck Injury Leads to Permanent Disability
When you suffer a neck injury on the job, your benefits include medical compensation until you reach maximum medical improvement. That means free medical care until you improve as much as possible. But what happens when your injuries don’t fully heal? Shouldn’t you be compensated for the resulting disability? In South Carolina workers’ compensation law, the answer is yes.
In addition to wage replacement, you may receive additional workers’ compensation when a neck injury results in permanent loss of function.
Understanding permanent disability compensation for a neck injury
South Carolina treats the neck as part of the back when it comes to permanent disability. Partial loss of the use of the back (49% or less) may be compensated for 300 weeks. The number of weeks is proportional to the amount of loss. When loss of use of the back is total, payment is made for 500 weeks. Fifty percent or more loss of use of the back counts as a total loss for South Carolina workers’ compensation purposes. The presumption of total loss is rebuttable.
Serious permanent disfigurement of the neck may be compensated, too. The reasoning is that the neck is an area often exposed in employment. The law calls for proper and equitable benefits to be paid up to 50 weeks.
Contact an Experienced Greenville Workers’ Compensation Lawyer
If you have suffered a neck injury at work, please contact us. Get help obtaining the compensation that you deserve with the help of an experienced Greenville workers’ compensation lawyer at Bobby Jones Law. Call 864-362-2640 or message us now.
