Back & Neck Injuries
The most common workplace injury is also one of the most potentially disabling and expensive to treat — back strain.
Common manifestations of these injuries include:
- Whiplash and soft tissue damage
- Bulging or herniated disks
- Lumbar muscle strain
- Paraplegia and quadriplegia
- Degenerative disk disease
Even medically necessary interventions such as spinal fusion can render the patient unemployable in his or her line of work. The total cost of serious back injury, going into the future, is complex. You do not want to be left holding the bag for expensive care. If you have been injured while on the job, consult an experienced Atlanta, GA back and neck injury lawyer at Tillman & Associates of Atlanta for assistance with your legal options.
Can I File a Workers’ Compensation Claim for My Injury?
Whether you can successfully file a workers’ compensation claim for your back and neck injuries depends upon how your injuries were sustained and what your worker classification is. Generally speaking, if you sustained your injuries while performing work-related activities, you should be able to file a workers’ compensation claim. However, there are a few exceptions to this general rule. First, before beginning work on a claim, you’ll want to confirm that you’re eligible for workers’ compensation coverage. If you’re a full-time or part-time employee, your employer is likely required by law to maintain coverage on your behalf unless your employer only keeps a handful of individuals on its payroll and/or you work in one of a few specialty industries that isn’t required to maintain this coverage. If you’re an independent contractor, you likely can’t file a workers’ compensation claim unless you’ve been (intentionally or unintentionally) misclassified by your employer. If you’re unsure of whether you should rightfully be classified as an employee (not an independent contractor) who is entitled to benefits, speak with an experienced Atlanta, GA back and neck injury lawyer at our firm.
Second, you’ll need to determine whether the circumstances surrounding your injury allow you to file a workers’ compensation claim related to those injuries. If you were drunk or drugged at the time of your injury, your injuries were caused by an altercation you started, or you engineered an accident in the hopes of filing for workers’ compensation benefits, your associated costs will not be covered by workers’ comp. Otherwise, provided that you were at your jobsite or were otherwise executing job-related duties, you should be able to file a workers’ compensation claim regardless of whose fault the circumstances that led to your injuries were. This is true even if you were traveling for work (excluding any accidents that occurred during an ordinary commute in which you weren’t running work-related errands, etc.).
Can I File a Third-Party Claim for My Injury?
An Atlanta, GA back and neck injury lawyer at our firm may advise you to consider filing a personal injury lawsuit related to your injuries if you are A) ineligible for workers’ compensation benefits or B) eligible for workers’ compensation benefits and a third party other than your employer contributed to the harm you’re suffering. No two back and neck injury scenarios are exactly alike. Take care to avoid making assumptions about your legal options until you’ve spoken with the professionals at our firm.
Do I Need an Attorney to File My Claim?
Some injured workers choose to file for workers’ compensation benefits without consulting an attorney first. Both this course of action and filing any personal injury actions on your own are generally ill-advised. This area of the law is complex. You’ll want to give your case the strongest possible chance of success by consulting the experienced Georgia legal team at Tillman & Associates first.
Atlanta, Georgia Back And Neck Injuries Lawyer
Every day, workers feel that first serious twinge, signaling that something is seriously wrong. Sometimes workers take a day or two off in hopes that the pain will go away. When it doesn’t, some employers claim the injury happened at home, hoping to avoid payment. Employers have many approaches they resort to in an effort to dodge legitimate claims. One is that no one saw you get injured. Another is that you didn’t file a claim in time.
Many back injuries occur in a single moment, like lifting something that is just too heavy. Other injuries develop across time, like doing something as seemingly safe as typing or working the assembly line. Employers sometimes try to dodge responsibility for these repetitive stress injuries because the moment of injury cannot be pinpointed.
These are all signals that you need a capable workers’ compensation attorney by your side, to overcome false objections. Our Atlanta, GA back and neck injury lawyer team will come to you, wherever you are in Georgia, to discuss your case. Our goal is to show that you suffered your injury as a result of your occupation and that you are therefore entitled to workers’ compensation benefits.
Put our knowledge and experience with back and neck injuries to work for you. Call the Atlanta back injury lawyers at Tillman & Associates at 404-315-0000 or toll free at 800-743-3994, or drop us a brief description using this online form.