Is Workers Compensation The Only Remedy For Work Related Back Injuries?

Workers compensation does not allow you to get some of the damages you might be entitled to if you sued under personal injury and tort laws. For example, under worker's compensation, the option for punitive damages is not available. In addition, the specific amount you can recover normally isn't determined directly by how much you suffered or by your particular situation. Instead, state law establishes rules that govern your recovery. For example, a state may have a list of injuries and a corresponding dollar amount that you get for each injury. Alternatively, a state may ask a doctor to rate the level of injury or impairment you suffered and base your compensation on that. Because of these limitations and differences, a person who is injured may wonder whether workers compensation is the only remedy for work related back injuries.

Recovery for Worker Related Back Injuries

Worker's compensation is compulsory for covered employees. Since the vast majority of employees are covered by worker's comp- with the exception of some farm workers and some employees who work for themselves- that means in almost every situation, recovery for work related back injuries must be obtained through worker's comp. Under the worker's compensation system, you don't get to opt out and you don't get to decide you don't like the system and sue. You are stuck with the recovery.

The good news is, when you go to collect your damages for work related back injuries, there is less you have to prove:

If you sue for personal injury, you generally must demonstrate that either the defendant was negligent in some way or that the defendant acted on purpose (intentionally) when he hurt you.
If you want to recover for work related injuries under the workers comp system, all you have to prove is the injuries were connected to/caused by your work and that the injuries actually exist. They didn't even have to physically occur at the office as long as you were involved in doing work when they happened, and your employer did not have to be negligent.

The only exceptions to recovery occur if you were in direct violation of some type of company policy when injured, or if you were under the influence of drugs or alcohol. Otherwise, you should be able to recover. If your employer's insurance carrier denies your coverage, you have the right to appeal first directly to the insurer and then to the state worker's comp board.

Getting Help

If you have suffered a work related injury, you need to get the help of an experienced worker's compensation attorney who can assist you in filing your claim and in interfacing with the worker's comp insurer at your office. There are often specific requirements- such as exams with a company doctor- that you must fulfill and your attorney can guide you throughout the process to ensure that all steps are taken properly so you can recover more quickly.

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