The Bureau of Labor Statistics (BLS) reports that more than one million workers hurt their backs, including the spine, each year. Back injuries account for 25% of workers’ compensation claims.
Spinal cord injuries can be especially devastating. Spinal cord injury can result in paralysis, limited movement, changes in feeling, and disruption in bodily functions like breathing.
If you suffered a spinal cord injury at work, you need to know exactly what to do. Our experienced Wilmington workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain the steps you should take if you or a coworker has injured your back at work.
Immediate Medical Steps After a Workplace Spinal Injury
Immediate medical steps after a workplace spinal injury should include:
- Call 911. Get first responders on the way. First responders can also give you directions on how to best help the person while you wait. It’s usually critical to prevent movement of the injured person. However, it may be necessary to perform CPR. You may need to perform CPR without holding the head back. A 911 operator can give you instructions.
- Prevent further harm. The dangerous situation may be ongoing. Assess the situation around you and take measures to prevent additional injury. Don’t attempt to transport a person with a spinal injury yourself. Wait for first responders who will have training and equipment to make a safe transfer.
- Stabilize the person. Stabilizing the person can prevent additional injury. Rolled up towels or sheets positioned around the head can prevent further movement. If changing the person’s position is needed to clear an airway, work with someone else so that the spine stays aligned.
- Provide first aid. Start first aid until people with more advanced medical training can take over. For example, it may be necessary to stop bleeding. Ask the 911 operator for directions.
- Assist first responders. When first responders arrive, allow them to take over. Answer any questions they have.
Other steps to take
- Preserve the accident scene. Take time to observe and document the accident scene. Take photographs and a panning video of the area. If vehicles or equipment were involved, take up-close photos and note settings or switches that may be in position. Save anything tangible related to the accident, such as items of property involved or clothing. Identify witnesses.
- Notify management. The injured worker must tell the employer about the injury within 30 days in North Carolina. If you’re not the injured person, tell management anyway. That can help management address dangers and may provide constructive notice of the accident.
- Seek compensation. Workers’ compensation is the avenue to receive benefits and compensation for most workplace injuries. A case starts by notifying the employer of injury and seeking medical care. A spinal cord injury may result in severe, permanent injury. Be aware of the possibility of permanent impairment compensation. Build the evidence and pursue the compensation you deserve.
Do I need a lawyer for a spinal cord injury in the workplace?
Yes, you should always have a lawyer for a workplace spinal cord injury. A spinal cord injury is a severe injury. When it first occurs, you may not know how it will impact you in the long term. A spinal cord injury may severely limit your ability to earn an income. A lawyer ensures that you get the compensation you deserve, including through workers’ compensation and any other avenues available to you.
Reporting the Injury to Your Employer
Always report a workplace injury to your employer as soon as possible. North Carolina imposes a 30-day limit for reporting, but there may be exceptions. If you’re mentally or physically incapacitated and you can’t report, your claim may still be allowed if the employer isn’t prejudiced by the delay. In addition, there may be constructive knowledge if supervisors are aware of the accident and injury.
Regardless, always report a spinal injury as soon as possible. If you can’t personally report, you can have a family member or friend report on your behalf.
Filing a Workers’ Compensation Claim for a Spinal Injury
A workers’ compensation claim for spinal injury starts with reporting the injury to the employer.
That should be enough to trigger medical care. The injured person can receive emergency care from any medical provider. Afterward, they must get medical care from the employer’s choice of healthcare provider. Lost wages benefits should begin.
If the claim is denied or if benefits are underpaid, you may challenge your claim.
Common Causes of Spinal Cord Injuries at Work
Causes of spinal cord injury at work may include:
- Falls, including from the same level and elevated surfaces
- Car, motor vehicle, and equipment accidents
- Pulling or stuck between accidents
- Crushing injury, falling objects, being run over
- Slicing or cutting from a machine or tool
- Explosions, electrical accidents
- Violence, intentional harm
- Firearm accidents
Employers’ fault is not required to have a workers’ compensation claim.
Treatment, Rehabilitation, and Long-Term Care Options
Treatment for spinal cord injury can significantly improve patient outcomes. Immobilization can prevent further injury and aid recovery. Early intervention should monitor breathing, excretory function, and the risk of blood clots.
Surgery may remove bone fragments or treat herniated discs. Over time, the person may benefit from rehabilitation. Adaptations can help with daily living, including modern wheelchairs and electronic aids.
Appropriate medical care can be an important question in a workers’ compensation claim for spinal cord injury. A hearing officer can determine what medical care will be provided, if necessary. A lawyer can represent you to assert your claim.
Potential Workers’ Comp Benefits for Spinal Cord Injuries
Workers’ comp benefits for spinal cord injuries may include:
- Emergency medical care
- Diagnostic care, testing
- Surgery
- Pain management
- Mobility devices, including wheelchairs
- Home adaptation
- Physical therapy
- Medical care for complications
- Temporary total disability
- Temporary partial disability
- Cost of travel to medical appointments
- Vocational rehabilitation
- Disability compensation
- Permanent Total Disability (PTD)
A severe permanent injury, like a spinal cord injury causing paralysis, may entitle the person to lifetime workers’ compensation benefits.
Contact an Experienced Wilmington Workers’ Compensation Lawyer
If you or a loved one has suffered a spinal injury at work, reach out to Horton & Mendez, Injury & Car Accident Attorneys. Get help from an experienced Wilmington workers’ compensation lawyer.
