A workplace injury can put you on the sidelines, preventing you from returning to your job and providing for yourself and your family. Workers’ compensation insurance can help you stay afloat by covering your medical bills and a portion of your lost wages. However, recovering workers’ compensation benefits means proving that your injury was work-related.
Experienced workers’ compensation attorneys know first-hand the tactics that companies and workers’ compensation insurers use to deny claims. It takes solid evidence to prove your herniated disk is the result of a workplace injury, and a skilled attorney knows where to start.
What Is a Herniated Disk?
The spinal cord, which transmits messages back and forth between the brain and the body, is protected by bones called vertebrae. Between these bones are soft, rubbery cushions called disks that prevent the vertebrae from grinding against each other. A herniated disk is a condition where the jelly-like material in the disk starts to push through the exterior or outer rings of the disk, called the annulus. This protrusion can put pressure on the sensitive spinal cord, causing pain, discomfort, numbness, tingling, and muscle weakness.
Most Common Causes of Work-Related Herniated Disk Injuries
Many people think a herniated disk is the result of a traumatic injury and only affects workers in very heavy occupations. However, these injuries can happen in other ways, too- for example, repetitive motion and working with machinery that involves constant whole-body vibration can lead to herniated discs. Many workers, such as truck drivers, healthcare professionals, warehouse workers, janitors, landscapers, and others are at risk for herniated disk injuries, with some common causes being:
- Falls
- Heavy lifting
- Sudden trauma
- Repetitive motion injuries
How To Prove a Herniated Disk Came From a Workplace Injury
Minnesota workers’ compensation claims are based on evidence. Workers’ compensation is an insurance program available to employees who are injured on the job. This insurance covers the cost of medical treatment and lost wages, as well as other benefits. While a worker does not need to prove fault for a workplace accident, they must demonstrate that the injury occurred at work or was a result of their job duties.
Proving that a herniated disk injury is directly related to your job requires substantial evidence. Failing to report the accident or injury to your employer can jeopardize your claim and may even make you ineligible for benefits. The same is true for failing to seek medical attention for your injuries. Medical documentation is crucial for establishing a connection between your injury and the workplace incident, as well as for demonstrating the severity of your injury.
Actions To Take Post-Injury
To protect yourself and start the process of building a solid claim, take the following steps:
- Seek immediate medical attention
- Report the accident to a manager or supervisor as soon as possible
- When possible, document the scene and note who witnessed the event
- Contact a Minnesota workers’ compensation attorney for help
- Follow your doctor’s treatment plan
- Keep a complete record of your medical expenses
- Document your injuries and how they impact your work/quality of life
- Do not post on social media
One of the issues with herniated disk injuries is that some people may avoid seeking immediate medical attention, instead attempting to work through the pain, brushing off the discomfort and mistaking their injury for muscle pain or something minor. The longer a person goes without reporting the issue or seeking medical attention, the more difficult it becomes to prove that the injury is work-related. Insurers may attempt to claim the herniated disk is the result of a pre-existing injury or other non-work-related incident, in an attempt to deny benefits.
Get the Help You Need to Get the Benefits You Deserve
The workers’ compensation lawyers at Meshbesher Law Firm stand up for the rights of injured Minnesota workers. We offer personalized legal strategies and direct communication to every client, ensuring they receive high-quality legal representation.
Contact our law firm today to arrange a free consultation.
