Posted on Wednesday, May 19th, 2021 at 4:14 pm
One of the most common types of injuries for workers is back pain. Back pain can occur in almost every profession. Any worker who does physical labor such as construction work, agricultural work, or industrial work is relying on their back almost constantly. Workers who stand most of the days such as waitresses, nurses, and other workers often develop back pain. Even if you sit all day using the computer or doing clerical work, you’re likely to develop back pain.
Back pain can occur due to a specific accident – such as when you lift, pull, carry, or move an object – and you wrench, twist, or bend your back. Back pain can also develop over time – and that one extra motion or force can launch you into a lifetime of chronic pain. Some workers with back pain can return to work after extensive physical therapy and other treatments. Some workers may be able to return to work but only if they shift to lighter duty work or even clerical work. And some workers find back pain intolerable to the point that they have a permanent injury and are no longer able to work.
According to Spine-Health, back pain can come and go, flare up on occasion, or be a constant source of agony.
According to the May Clinic, some of the common causes of back pain are:
According to Spine-Health, back pain is normally classified in one of the following three ways:
Back pain can be difficult to diagnose. For example, Spine-Health states that “a torn or herniated disc may feel similar to an arthritic facet joint due to their close proximity. In some cases, the same nerve root can be compressed or irritated by different structures, such as a disc or bone spur.”
Common diagnostic tests for back pain, according to the Mayo Clinic, are:
For some injured workers, determining the cause of your back pain can still be difficult to find.
The possible treatments for back pain include:
In some cases, if those less invasive things do not help, surgical and other procedures may be required. These can include:
Are there any Special Rules or Benefits for Back or Lumbar Spine Injuries in Workers Compensation?
Yes, back injuries entail some special consideration in both Virginia and North Carolina. The strange thing is that the laws differ significantly as to the treatment of back injuries in a workers compensation case in each State in some respects.
So one thing that is clear is that in both Virginia and North Carolina, one cannot recover at all for a purely “wear and tear” injury to the spine, or just about any other body part, for that matter. There must have been, as is stated in Virginia, a “sudden anatomical change” resulting from a traumatic event, or there is no “accident,” and therefore no recovery. In other words, saying that your job is hard and caused you to have back injuries over many years is not something you can recover money for under Workers Compensation Law. For that, you may have to look to Social Security Disability Law.
The main way in which VA and NC treat back injuries differently is with respect to permanent partial impairment. This is a potential benefit that is sometimes available, after the injured employee reaches maximum medical improvement. Testing is performed and if permanent impairment is found in the body part tested, then a permanency rating is assigned, which could entitled the injured worker to additional money.
But in Virginia, there ARE NO PERMANENCY RATINGS permitted for the back or any part of the spine under Virginia’s workers’ compensation laws. If an injured worker is unable to return to work due to a spinal injury, then the claim may be negotiated to settlement for the remainder of the 500 maximum weeks available plus possible future medical bills. But if a Virginia worker suffers a spine injury and then returns to work, there are no permanent partial ratings benefits available to that worker under Virginia Law. The only exception might be if the sciatica down legs or arms is so severe that it creates permanent partial impairment in any of those extremities. That would be compensable.
Contrast this with North Carolina, where any injury to the “back” (which under NC Law means any part of the spine) has the HIGHEST available number of potential weeks for permanent partial impairment of any body part—up to 300 weeks.
Why the stark difference between the two states on this issue? I leave that to legal scholars to discuss.
One more important point with respect to back injuries. In North Carlina, one must typically have suffered a “slip, trip, or fall” in order to recover for a work accident. A sudden pain, such as a “pop” or “crack” while lifting something heavy would not be sufficient to recover—UNLESS that injury is to the spine. In those cases, NC has carved out an exception to the “slip, trip or fall” rule, and, very similar to Virginia, only require a “specific traumatic event” in order to recover for spinal injuries suffered at work. Therefore, in our example above, an injured worker who suffered a sudden “pop” in his or her spine due to heavy lifting at work would be able to recover under NC Workers Comp Law.
North Carolina and Virginia workers’ compensation attorney Joe Miller has helped many back injury victims get the workers’ compensation benefits they deserve. He works with your treating doctors and independent doctors when permitted to fully analyze just how serious your work injury is. He fights to try to ensure the employer doesn’t force you back to work before you’re healthy. To discuss your back injury claim with an experienced workers’ compensation lawyer, call lawyer Joe Miller, Esq., at 888-667-8295. or fill out my online contact form to schedule an appointment.
North Carolina and Virginia employees can also now fill out our New Electronic Case Review. The link is a new way of communicating with clients that we’re offering – to allow workers to contact us remotely during the pandemic.