What to Do After a Spinal Injury at Work
Spinal cord injuries are frightening and need to be taken seriously. If you hurt your neck or back at work and believe you have a spine injury, it is critical to take the right steps for your health and safety. It is also important to understand your legal rights from a work injury lawyer in Los Angeles as an injured worker in California.
Stay Where You Are
Try to avoid any sudden movements if a traumatic accident happens and you feel pain in your back or neck, numbness or tingling anywhere in your body, or other signs of a potential spine injury. Moving the incorrect way could exacerbate the injury. Remain where you are and wait for paramedics to arrive. They can use special equipment to move you without further injuring your spine.
Get Medical Treatment
Your first priority should always be getting medical care. Do not delay medical attention, especially if you suspect a spinal cord injury. This is a serious injury that requires prompt professional treatment. In an emergency, call 911 to request an ambulance. Otherwise, get yourself to the nearest hospital or medical center.
If it is not an emergency, you must go to a doctor that is on your employer’s pre-approved list within the first 30 days of the incident if you wish to qualify for workers’ compensation benefits. Follow your doctor’s orders and keep copies of your medical records for your injury claim.
Report the Injury
Under California law, you must report a harmful workplace accident to your employer within 30 days to be eligible for workers’ compensation benefits. You should report a spinal cord injury to the Human Resources department or a manager in writing. Do so as soon as possible. Explain the details of the accident but do not admit fault in any way. Write down everyone who was involved and any coworkers who witnessed the accident in your report.
Gather Information
Collect all of the information and details about the accident that you can. This includes the date, time and location of the accident, eyewitness information, photos of the accident site and any workplace hazards, copies of the incident report, and copies of your medical records and bills.
File a Workers’ Compensation Claim
After you report your accident and spinal cord injury, your employer should give you a DWC-1 Claim Form to file a workers’ compensation claim. Complete it and work with your attorney to initiate the claim. Keep copies of all of the paperwork you submit for your own records.
Workers’ compensation in California is a program that gives injured workers financial compensation for their medical bills, disability costs, partial loss wages and death benefits without requiring proof of negligence. All employers in California are required to carry workers’ comp insurance.
Consider Filing a Lawsuit
Although workers’ compensation can seem like the easiest legal route, you may deserve more money and justice for a serious spinal cord injury. It may be in your best interest to file a personal injury lawsuit in Los Angeles, CA instead of or in addition to a workers’ comp claim. A personal injury lawsuit could result in a financial recovery for your medical bills, full lost wages, and pain and suffering.
A personal injury lawsuit seeks to hold one or more parties responsible for causing or contributing to your spinal cord injury through negligence, or a lack of proper care. If you believe your employer was negligent in connection to your spine injury, do not accept a workers’ comp settlement without speaking to an attorney. Accepting workers’ comp automatically prevents you from suing your employer for negligence. Discuss your workplace spinal cord injury case with an attorney at no cost or obligation by contacting Rose, Klein & Marias, LLP anytime.