All kinds of jobs require lifting and carrying heavy things. While it is usually best to take it slow, lift with your legs (not your back), never lift more than you can carry, and always lift with a buddy, injuries still happen.
You can file a Workers’ Comp claim for a lifting injury by notifying your employer of your injury and having them file a claim with their Workers’ Comp insurance carrier. However, cases are often complex, and you should work with a lawyer to file your claim.
For a free case review, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
What Are the Steps for Getting Workers’ Comp?
To get your Workers’ Compensation benefits after a lifting accident, you should take the following steps:
Document Everything
Write down what happened to you in the accident, get the names and contact info of witnesses, and save any and all records of medical care, work communications, and incident reports. This will help us build your case.
Report Your Injury
You need to report your injury to your employer within 120 days of the injury to get coverage. That report should ideally be filed within 21 days, and our Philadelphia Workers’ Comp lawyers can help you with it.
Call a Lawyer
If you haven’t already, contact our lawyers for help. There are steps that you don’t want to miss, or else you could lose your case. You may also provide information to your employer that is phrased wrong and might trigger denials or suspicion, delaying your case. Work with us to help get it right the first time.
Continue Medical Care
You need to seek initial medical care after your accident, then keep up with your recommended care. If you do not, you could be denied benefits, and your injury could get worse.
Follow Through with Required Medical Exams
Your lawyers need medical evidence, and your employer is allowed to request reviews of your condition as well. There are many appointments you need to attend and exams to undergo as part of a Workers’ Comp claim.
Attend Hearings
You may need to attend hearings before a Workers’ Comp Judge, who will decide your case. However, we may be able to settle the claim before that, saving you the hassle.
What Lifting Injuries Are Covered?
All kinds of injuries are common from lifting accidents and should be covered under Workers’ Comp:
- Slipped/herniated disc
- Other back and spine injuries
- Pulled muscles
- Strained muscles/tendons
- Sprained ligaments
- Torn muscles/tendons
- SI joint injuries
- Ankle, knee, or hip injuries
- Arm injuries.
What goes up must come down, and sometimes the injuries from lifting are worse when you drop something heavy. This could involve all kinds of injuries from a broken toe/foot where you dropped the item to a head injury if you also fell or were hit by the falling item. Being trapped under something large could also cause serious injuries.
What if I Caused the Accident?
Many lifting accidents and injuries leave the victim telling themselves that they made a mistake or that they should have asked for help. Can this jeopardize your claim?
Typically, no. Workers’ Comp does not take fault into account. Your employer is supposed to cover you if they were at fault, if a coworker was at fault, if an outside party was at fault, or even if you were at fault.
If you did something intentionally to injure yourself or your injury was caused by drug/alcohol use or illegal activity, then that isn’t covered. Otherwise, just because you made a mistake doesn’t mean you lose out on coverage.
FAQs for Lifting and Carrying Injuries in Pennsylvania
Is Physical Therapy Covered?
All medical treatment for your injury should be covered, including everything from MRIs to surgery to physical therapy and rehabilitation.
Is Pain Medication Covered?
One common treatment for back injuries is pain medication. Pain management and prescriptions should be covered under Workers’ Comp.
One odd exception is medical marijuana, which is often prescribed for chronic pain. Some carriers do not want to cover it directly and may instead reimburse you for your out-of-pocket costs.
What if I Already Had a Bad Back Before the Injury?
Just because you had a prior injury or already suffered from a “bad back” doesn’t stop you from deserving coverage for this injury. Especially when there is an acute injury at work, your employer has to cover the effects.
The fact that your previous injury or preexisting condition was a factor does not stop this accident from being work-related and deserving of coverage.
Is Reinjury Covered?
Getting back to work after a back injury can be stressful because you don’t want to hurt yourself again and start your recovery from square one. If your prior injury is aggravated, you typically don’t need a new Workers’ Comp claim, and any additional time off or medical care needs should be covered under the same claim.
However, some reinjury cases are considered new injuries and need a new claim.
What if I’m Not Ready to Return to Work?
Your return to work schedule is something our lawyers will monitor closely when the time comes. If you were told you are able to return to work, you need to find a job and get back to work – but you must do so within the doctor’s restrictions.
It is important that the doctor’s orders are cautious and do not put you at risk of reinjury. It is also vital that your employer respects your restrictions and accommodations, because it’s your back on the line if they don’t.
Work with a lawyer for guidance if you have any doubts or issues with the doctor’s analysis of your condition.
Call Our Workers’ Comp Lawyers for Help with Lifting and Carrying Injuries
For your free case review, call Cardamone Law’s Upper Darby, PA Workers’ Comp lawyers at (267) 651-7945 today.
