Top Three Back Claim Myths
Ricci Law Firm regularly represents workers who develop serious back conditions. Compensable conditions range from herniated disks to degeneration to stenosis to spondylosis, and the list goes on. Many workers suffering from back pain fail to take advantage of the North Carolina Workers’ Compensation Act by filing a claim. Why? Here are the top three misconceptions among workers suffering from back pain in North Carolina:
I can’t file for workers’ compensation if I have a long history of back pain.
Sadly, many North Carolina workers do not realize that they are not automatically barred from receiving benefits just because they’ve suffered through the pain for years. A pre-existing condition may still be compensable, as long as the condition was aggravated or exacerbated by activities in the workplace. Often, back pain is tolerable until some event occurs that causes sharp pain or numbness such that the worker is no longer able to do the same level of work they are used to doing. Depending on the testimony of the expert, many of these situations are covered by workers’ compensation. Ricci Law Firm’s workers’ compensation attorneys often help workers recover workers’ compensation benefits even if the worker’s back pain has been a problem for years.
I can’t file for workers’ compensation if I did not suffer an acute injury.
Some workers think workers’ compensation only covers traumatic accidents, such as where the worker falls to the floor and can’t get up. However, many back conditions, especially those involving chronic degeneration, develop slowly, over a period of years, due to overuse or heavy lifting. In such cases, the worker’s back condition may be considered a “disease,” not an “accident,” under North Carolina workers’ compensation law. If it counts as a disease, it is not necessary to show that any traumatic incident occurred at work. A workers’ compensation specialist at Ricci Law Firm can review your case and advise you whether your back condition would be treated as a disease or an accident, and also what medical expert testimony is needed to support your case.
I can’t file for workers’ compensation if I was doing my normal job when I hurt my back.
Unlike some other body parts, when it comes to back problems, the North Carolina Workers’ Compensation Act allows compensation for any specific traumatic incident, including an incident that occurs during the normal scope of work. Many of the clients of Ricci Law Firm are surprised to learn they have a valid workers’ compensation claim even if they experienced back pain while they were doing their regular job in the normal way.
Don’t let misconceptions get in your way. If you or someone you loved are suffering from back pain and believe it may have been caused by work or aggravated by work, a workers’ compensation attorney at Ricci Law Firm may be able to help. Contact us for a free consultation.
Workers’ Compensation Lawyer NOW serving Greenville, Durham, Goldsboro, and Raleigh
I’m Brian Ricci, a workers’ compensation lawyer serving Greenville and Raleigh. If you or a loved one has sustained an injury at work, please call me at (252) 752-7785 or 800-387-6406 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum.
Founder of the leading personal injury website: http://www.riccilawnc.com/personal-injury/