Back injuries are some of the most common workplace injuries in America. Back injuries can affect workers from all walks of life, often causing crippling pain and severe physical limitations.
If you sustained a back injury at work, you might be considering filing a workers’ compensation claim. However, proving that you suffered a back injury due to your job can be difficult.
Below, the Pennsylvania workers’ compensation lawyers of Calhoon and Kaminsky, P.C. describe the types of evidence that you can potentially use to prove a work-related back injury.
Common Symptoms of Back Injuries
Symptoms of a work-related back injury will differ depending on the type of injury. However, it’s often accompanied with some of the following:
- Aching back muscles
- Stabbing pain in the upper or lower back
- Shooting or burning pain through the legs
- Numbness or tingling in the legs
- Back pain that worsens with movement
If you’re feeling these symptoms, you should visit your doctor, especially if the pain does not improve with rest or lasts longer than a few weeks.
Evidence for Proving a Work-Related Back Injury
After a back injury at work, your first step should be to see a health professional to assess your injuries, establish when the symptoms began, and document any accident involved. Your next step should be to contact an experienced personal injury lawyer who can help you seek the compensation you deserve for your injuries. They will be able to help prove your work-related back injury, which may include collecting some of the following pieces of evidence.
Witness Testimony
One of the most powerful pieces of evidence that might support your work-related back injury claim is statements from coworkers or others who saw the accident. Supporting testimony from people who have no stake in the outcome of your claim can be extremely powerful.
If someone was present when the injury occurred, approach them and ask for a statement about what they saw. Also, request their contact information in case you need to follow up with them later.
Security Camera Footage
Many modern workplaces have security cameras on their premises, so it’s possible that the incident or patterns that caused your back injury were captured on film. Video evidence can be instrumental because it can provide strong proof of what happened.
Talk to your employer or the owner of your workplace’s building to request access to recorded footage from CCTV cameras.
Doctor’s Notes
If you sought medical care for your back injury, medical records and notes from your treating physician could be useful evidence in a workers’ comp claim. Records of a back injury diagnosis and your doctor’s recommended treatment plans can demonstrate the nature, severity, and timeline of your injury.
Keep any records that show you received a diagnosis, evaluation, or treatment from medical doctors, clinics, and physical therapists. As you receive treatment, be sure that you mention the injury occurred at work.
Prescription Packaging
If your doctor prescribed you anti-inflammatory drugs, muscle relaxants, or other pain relief medications, save the bottles and other pieces of packaging from your prescriptions.
The types and dosages of any medications you took can show how severe your back injury was. You should also save any written instructions provided by your doctor that indicate the purpose of the prescription or why you need it.
Written Employer Notifications
The Pennsylvania Department of Labor and Industry requires employees to provide written notice of work-related injuries to their employers within 21 days. If you fail to report your injury within 120 days of the date of the injury, you may be barred from recovering any workers’ comp benefits.
This is why it’s so important to retain a copy of the written notification you gave your employer when you first reported your back injury. Your written statement can help you prove when, where, and how your work-related back injury occurred.
Contact a Workers’ Compensation Lawyer Today
If you suffered an on-the-job back injury in Pennsylvania, you are probably wondering, “What happens if I hurt my back at work?” The knowledgeable workers’ compensation lawyers at Calhoon and Kaminsky, P.C. are here to help. We can guide you through every step of the workers’ comp claim process and help you seek the compensation you need.
Contact us today for a free consultation to discuss the details of your claim with a knowledgeable lawyer.
This post was originally published in May 2021 and has been updated for accuracy and comprehensiveness in January 2022.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
