Learn what you need to do to secure maximum workers’ comp benefits after a back or neck injury at work in Georgia
Back and neck injuries are no joke—if you’ve ever tweaked your back or woken up with a stiff neck, you know how it can throw off your whole day. But for workers across Georgia, these injuries can be much more than just a minor hassle. They can be debilitating, making it tough to get through a shift or, in some cases, impossible to work at all. Whether your job involves heavy lifting, repetitive motions, or sitting at a desk for long hours, back and neck problems are a serious concern.
In this article, we’ll walk you through some of the most common work-related back and neck injuries, highlight the jobs that carry the highest risks, and explain why getting workers’ comp for these injuries can sometimes be an uphill battle. Don’t worry—if you’ve been injured, we’ll also give you practical tips on how to strengthen your claim and fight for the benefits you deserve.
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Fill out a contact form or give us a call, and we’ll be in touch with you shortly to get more details about your case. The Georgia statute of limitations requires injured workers to file a workers’ compensation claim within 1 year of their injury (not 2 years like most other personal injury claims). After this period, your chance to receive financial reimbursement may expire. Even waiting a month to file a claim could seriously impact your benefits.
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Back injury settlements that reach million dollar awards
Back injury settlements can result in significant financial awards for those who have suffered serious injury. Largest back injury settlements are typically awarded to individuals who have suffered permanent and debilitating injuries as a result of catastrophic accidents.
The spinal mechanics of your back
Your spine is the bone structure that protects the important bundle of nerves connecting your body to your brain. It’s your body’s “electrical system” that makes the right parts move when you want them to. The spinal bones are called “vertebrae,” and the soft material between the vertebrae is called “discs.” The bones protect your nerves and spinal cord, and the discs allow movement.
The spine has 3 main parts that correspond to the neck (cervical spine), the chest (thoracic spine), and mid to lower back (lumbar spine). A complex arrangement of muscles, tendons, and ligaments connects the muscles that support your entire spine. Your basic posture comes from the proper alignment of the spine.
Your spine is truly a marvel of natural construction due to its strength, flexibility, and durability. However, it’s not indestructible—especially when tremendous force is exerted against it.
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What causes back injuries at work?
Back injuries can be caused by many different work-related activities. They commonly result from a slip and fall, where there is physical contact between the injured individual and an item. Serious falls can happen from heights, like a roof, ladder, or scaffold, or even while just walking down the hall and slipping on water at your place of business.
Back injuries often stem from repetitive stress. Actions like frequent bending or stooping to inspect items can strain the back over time. Similarly, standing for prolonged periods can lead to significant discomfort and injury.
These repetitive motion injuries can be just as debilitating, if not more so, than sudden traumatic injuries, taking a serious toll on a worker’s health and ability to perform their job.
Another common cause of back injuries is overexertion when lifting at work. Lifting injuries can happen when you pick up something as light as 1 pound or as heavy as 100 pounds. The size or weight of the object doesn’t matter. What matters is that your back was hurt while lifting in the scope and course of your employment.
Work-related vehicle accidents are also a significant cause of serious back injuries. It’s important to note that the only option for compensation in certain types of motor vehicle accidents may be through workers’ compensation. A prime example of this is when a co-worker is the at-fault driver in the accident.
Regardless of what caused your injury, it’s important to report work-related injuries to your employer as soon as they happen. This will make it easier to obtain benefits later.
Did you know?
More than 1 million workers suffer back injuries each year. These injuries account for about 1 out of every 5 workplace injuries or illnesses in the U.S.
What job has the most back injuries?
According to the Bureau of Labor Statistics (BLS), the workers who experience the most back injuries leading to days away from work in the U.S. include the following:
- Nursing assistants
- Stock clerks and order fillers, including Amazon warehouse workers, Home Depot workers, Walmart workers, and Costco workers
- Laborers and freight, stock, and material movers, including construction workers, roofers, and dock workers
- Maintenance and repair workers, including utility workers
- Janitors and cleaners
- Heavy and tractor-trailer truck drivers
Other common workers prone to back injuries include nurses, police officers, firefighters and EMTs, and assembly line workers.
Most common back and neck injuries for workers
Whiplash
Whiplash, or neck strain, is by far the most common spinal injury. It is primarily caused by car accidents—particularly in rear-end collisions—and the damage occurs when a person’s head and neck are suddenly thrust forward faster than the body, causing the cervical vertebrae to “whip.” Most whiplash injuries involve the neck muscles, ligaments, and soft tissues in the neck and cervical spine.
Whiplash can range from mild to severe, and these injuries aren’t always consistent with the force of the impact. Some low-impact collisions cause severe neck injuries. Whiplash symptoms include dizziness, headaches, stiff neck and shoulders, fatigue, reduced mobility, tenderness, numbness, and blurred vision.
Thoracic spine injuries (chest, rib area, and mid-back)
Thoracic spine injuries are another common back injury that is often severe, sometimes resulting in permanent nerve damage. They frequently occur in high-energy impacts from the front or back or in crushing accidents. Symptoms include stiffness, sudden change in posture, reduced range of motion, muscle spasms, tingling, numbness, weakness, as well as pain in the ribs, shoulder, arm, fingers, neck, or legs.
Lumbar spine injuries (lower back)
The weight-bearing lumbar region of the spine has 5 large vertebrae that are supported by the large muscles in the lower back, hips, and abdomen. Sprains and strains that stretch or damage these important muscles and ligaments of the back can be very painful and limiting. Symptoms include swelling, area soreness, and point tenderness. Lower back injuries such as strains and sprains can interfere with movement and limit the ability to perform daily activities.
Herniated disc
Another common back injury is a herniated disc (also referred to as a “ruptured” or “slipped” disc). Herniated discs occur when the soft space breaks down or when a vertebrae disc is moved or displaced, and the bones press on nerves or nerve roots. The pain from herniated discs can vary from a dull ache to shooting debilitating pain. Other common symptoms include muscle weakness, burning, and tingling sensations.
Spinal cord injuries
Few injuries are more serious or costly than a catastrophic injury to the spinal cord. These injuries may result from a traumatic blow that causes damage to the vertebrae, ligaments, or discs of the spinal column or to the spinal cord itself. Spinal injuries can lead to high-risk surgeries and medical complications. Symptoms include intense pain, numbness, and even partial or total paralysis.
Other work-related back and neck injuries
In addition to these 5 common back and neck injuries, many other types of damage to the neck and back can be caused by work-related accidents, including:
- Fractured vertebrae
- Cervical fractures
- Muscle strains, sprains, and subluxation (pulled back or neck muscle)
- Cervical dislocation
- Spondylolisthesis
- Cervical radiculopathy
- Spinal stenosis
- Arachnoiditis
- Cauda equina syndrome
- Complex regional pain syndrome (reflex sympathetic dystrophy or RSD)
- Failed back syndrome (post-laminectomy syndrome)
- Degenerative disc disease (DDD)
- Nerve impingement (pinched nerve or cervical radiculopathy)
- Spinal disc fractures (cervical, thoracic and lumbar)
- Spondylosis (spinal arthritis)
Please note that back, neck, and spine injury symptoms don’t always appear in the immediate aftermath of an accident. While some people may suffer immediate symptoms of pain and swelling, others might not know anything is wrong until hours, days, or weeks after the incident.
Early medical care is key to not only diagnosing and treating the injury but also to ensuring you remain eligible for compensation through a workers’ comp claim.
How much money can you get for a back injury at work?
While it’s impossible to assign a blanket value to all back and neck injuries, there are certain types of benefits an injured worker can expect to receive.
In Georgia, workers’ compensation provides the following types of benefits if you are injured on the job:
- Indemnity benefits. Indemnity compensation, also known as “wage loss,” “lost time,” or “wage replacement” benefits, is based on the income that you earned in the 13 weeks prior to your on-the-job injury with that company. If you weren’t employed for 13 weeks, there are other ways to determine your average weekly wage. Once your average weekly wage is calculated, the income received by the injured worker is two-thirds of that amount. There are no taxes taken out of indemnity benefits. This is one of the reasons why injured workers only receive two-thirds of their average weekly wage as opposed to all of it.
- Permanent partial disability (PPD) benefits. If your back or neck injury results in a permanent impairment, you may be entitled to PPD benefits, which are based on your assigned permanent disability rating. This rating is determined by a doctor and relates to the percentage of permanent disability that resulted from the work-related accident. Each body part has a different value according to the workers’ compensation statute. For back and neck injuries, the value is 300 weeks. In order to calculate a permanent partial disability amount, multiply the rating by the workers’ compensation rate by 300 to determine the value of a permanent partial disability rating for a back or neck.
- Medical treatment. Another type of workers’ compensation benefit available to injured workers in Georgia is medical treatment. When you injure your back or neck at work, you should not have a single out-of-pocket expense for medical treatment relating to your on-the-job injury. This includes medication, surgeries, rehabilitation, doctor appointments, and more.
- Vocational rehabilitation benefits. If your back or neck injury prevents you from working in your previous profession but you’re still capable of working in another occupation, you may be eligible for vocational rehab benefits like job retraining and education.
Because the amount of compensation you can receive is negotiable and depends on the severity of your injury and the strength of the evidence in your case, it’s crucial to discuss your case with an Atlanta hurt on the job lawyer before accepting a settlement offer from the insurance company to ensure your rights are protected.
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What happens if I hurt my back or neck at work?
If you hurt your back or neck while performing duties for your employer, you should be able to file a workers’ compensation claim with your employer’s insurer, but you will need to follow these steps to obtain workers’ comp benefits:
- Report the injury to your boss. Tell your employer about the work-related injury as soon as possible. Be detailed when reporting your work injury, and do it in writing. In Georgia, you have 30 days after the discovery of the injury to report it to your employer. Any delay in reporting your injury to your employer or seeking medical care could leave the door open for the insurance company to challenge the validity of your injury and prevent you from getting the workers’ comp benefits you deserve.
- Seek medical attention. Whether you’ve suffered an acute back or neck injury due to a workplace accident or are living with chronic pain as a result of your occupation, the next thing you should do after reporting your injury is visit an employer-approved doctor to diagnose the problem and begin treatment immediately. Follow the doctor’s recommendations for rehabilitation and physical therapy, as this will show that you’re serious about healing.
- Document everything. From the moment you seek medical care for your injury and report it to your employer, you’ll start receiving lots of mail about the accident. Medical bills, credit card bills, pay stubs, letters from insurance companies, etc.—be sure to keep all documents relating to your case in one place. This documentation will be needed to accurately calculate your benefits and provide evidence if the case goes to trial.
- Be cautious about returning to work. The final item to mention is to be careful when you do return to work after injuring your back. Pushing your body too hard after an initial back injury can further damage your back. Just because your employer is asking you to perform tasks outside your light-duty restrictions doesn’t mean you should. Report this to a supervisor, or contact an attorney if you are being put in a position that is dangerous.
- Talk to an attorney. Calculating the long-term costs of a serious back or neck injury is a complex process. We highly recommend you contact an experienced workers’ compensation lawyer to discuss your legal rights and ensure you receive full compensation. Insurance companies and even your employer won’t have your back in this situation, regardless of what they say. Hiring an attorney is the only way to guarantee fair representation.
Please be aware that you have the right to be treated by an orthopedic specialist for your back injury. However, it’s crucial to contact a local Atlanta work injury attorney because there is a process for choosing a doctor.
You won’t be able to receive treatment from your own personal physician for the injury, so it’s imperative that you’re treated by someone who will be impartial and fair.
Finding the right doctor for your neck or back injury
One of the most important elements in properly dealing with both back and neck injuries at work is getting appropriate medical treatment from an authorized medical provider. An employer is required to keep a list of at least 6 doctors posted at all times. The reason it’s critical to discuss the panel of physicians in the context of back and neck injuries is that the right type of doctor should perform an evaluation of your injury.
Often, employers attempt to force an injured worker to begin medical treatment at an industrial clinic. Unfortunately, workers’ experiences with industrial clinics are not always good ones. These clinics are often more focused on returning the injured worker back to their job than treating the injury and giving a proper diagnosis.
Another common issue we see from these doctors is the labeling of a back or neck injury as a “pre-existing condition” or “degenerative disk disease.” These phrases are often placed in reports, even if the injured worker has never had a back or neck injury before.
It’s vital to contact an attorney if you have a back or neck injury so they can work on ensuring you receive appropriate medical care that takes into account the physical well-being of the injured worker.
Back and neck injuries can be difficult to demonstrate because there is often a lack of a physical deformity. For example, a broken bone is often obvious to the naked eye. You can actually see the injury. A back or neck injury, which can be just as (if not more) painful, is difficult to discern without an MRI. Employers and even some doctors may doubt the severity of the injury because they cannot see it.
This is another reason why it’s essential to be treated by the right doctor. An attorney can assist you in finding the best employer-approved doctor for your back or neck injury case.
Why back and neck workers’ compensation claims are denied
One of the reasons why back and neck injury claims are denied is because they’re not immediately reported. Often, a back injury gets worse over time. There is an initial rush of adrenaline after the accident, and the pain doesn’t really begin until later on, or even the next day. Furthermore, the pain is not always localized in the back or neck. Herniating a disc can result in nerve pain that runs down either the legs or the arms.
Pain or numbness resulting from a neck or back injury can run all the way into fingers or toes, depending on the injury. Sometimes, this pain doesn’t begin immediately but occurs gradually over time. Many workers don’t experience the onset of this pain a few days after the incident. In fact, they often hope that the injury is minor and will go away, only to find that the pain has increased over time. What feels initially like a pulled muscle may, in fact, turn out to be a herniated disc.
The issue is that if you delay reporting your injury to your employer, they may argue that your injury occurred outside of work and use that to deny your workers’ comp claim, so it’s always best to report any accident or injury immediately, even if it initially seems relatively minor. Your claim may literally depend on it.
How to prove a back injury at work
An attorney may be able to help you prove your back injury is work-related by collecting detailed medical records, doctor’s notes, and diagnostic tests, such as MRIs, that document the injury and its connection to your job duties. It would also be helpful to obtain witness statements from co-workers who observed the incident or can confirm the physical demands of your role.
Additionally, expert testimony can be used to explain how repetitive stress or overexertion from tasks like lifting, bending, or prolonged standing caused or aggravated your condition. Certain occupations—such as construction workers, warehouse employees, and delivery drivers—face a higher risk of back injuries due to the physical nature of their work, making it easier to demonstrate a link between the job and the injury.
Having legal representation ensures that all necessary evidence is gathered to build a solid case and combat any disputes from employers or insurance companies.
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FAQs about back and neck injury workers’ comp
Can you be fired for having a bad back?
Georgia is an at-will employment state, which means that state law allows an employer to fire you if you have been hurt on the job (or for any reason at all). However, they cannot fire you for filing a workers’ comp claim. If your employer fires you after your injury, you may still be entitled to receive medical and indemnity benefits.
Additionally, it may make it harder for your employer to offer you light-duty work if a doctor places you on restrictions. It is important that you contact a lawyer if you think you’re going to be fired because of your on-the-job back injury.
What is a permanent back injury?
A permanent back injury is any injury that results in permanent pain and/or a disability. This doesn’t mean that you will never be able to work again; it just means that you will have a permanent disability as a result of the on-the-job injury. You may be limited in what jobs and activities you can perform as a result of the injury.
Furthermore, the greater the injury, the larger the permanent disability rating. An attorney can discuss what monetary remuneration you can receive as a result of a permanent back injury.
Should I go to work if I have back pain?
The first thing you should do if you suffer a back injury is report the claim to your supervisor or employer. Many employers are well versed in workers’ compensation protocols and should offer you work within your restrictions. Refusal to at least attempt the light-duty work could have a negative effect on your case.
If your employer refuses to comply with the restrictions and continued work would lead to greater pain and potential additional injuries, then it’s important to let your supervisor know and contact an attorney as soon as possible. An attorney can ensure that you receive proper medical care and that the employer is either accommodating your restrictions or paying you indemnity benefits.
Can I sue if I hurt my back or neck at work?
Workers’ compensation is an “exclusive remedy” against your employer if you get hurt on the job. This means that you typically cannot sue your employer for pain and suffering if you get hurt on the job. However, if a third party (someone other than your employer) causes the accident that results in back or neck pain, you may have a claim against them.
An example of this scenario is when an individual is making a delivery for their employer and they are involved in a motor vehicle accident. If the other driver was found to be at fault for the accident, the injured worker may have both a workers’ compensation and a personal injury claim. This option is case-specific, however, and an attorney can help determine whether or not a third-party claim is viable in your case.
Injured your back or neck at work in Atlanta and need help with your claim?
If you’ve suffered a serious back or neck injury at work in Georgia and your claim has been denied, it’s time to talk to the attorneys at Gerber & Holder Workers’ Compensation Attorneys.
Our experienced Atlanta work injury attorneys have more than 75 years of combined experience helping Atlanta workers get the full benefits they deserve after work-related injuries, and we’re ready to fight for you, too. We never charge you a fee unless we help secure your workers’ compensation benefits.
Schedule your free consultation today to discuss how we can help you maximize the compensation for your back or neck injury before the statute of limitations runs out in your case.
