Are Compression Fractures Covered By Workers’ Compensation?
Our backs are a critical part of our anatomy. They house our spinal column, which controls our ability to move and protects our nervous system. When your spine is injured, it can seriously impact your life. Beyond the serious pain and suffering, your mobility can be negatively affected in a way that prevents you from working and enjoying your life.
Spinal injuries can happen anytime, even while you are working. If you get injured as a result of your job, you qualify for workers’ compensation, which will help pay for your treatment. But what happens if the injury is chronic and develops over time, like in the case of a spinal compression fracture? Read on to find out.
What Is A Spinal Compression Fracture?
A spinal compression fracture is a spinal injury that can progress as time goes by. Your spinal column is a stack of vertebrae cushioned by discs. The vertebrae stack on top of each other and hold all of your body’s weight. Sometimes, that weight can lead to excess compression, which is taxing on your vertebrae and causes cracking or breaking. That is known medically as fracturing.
Compression fractures can be caused by a traumatic injury such as falling and landing on your back or being crushed by a heavy object. However, sometimes they happen over time as a result of other illnesses such as osteoporosis.
Compression Fractures And Workers’ Compensation
Workers’ compensation is a type of insurance that your employer carries to help pay for any injuries you sustain on the job. Therefore, a compression fracture due to an incident at work qualifies you for workers’ compensation benefits.
If your compression fracture is the result of a work-related accident like a fall, filing for workers’ compensation is straightforward. However, if it is the result of overuse or other long-term stress, the claims process can be more difficult. That is because you cannot draw a straight line from the incident to the injury. Instead, you have to prove cause and effect and establish liability.
Proving Liability In A Compression Fracture Injury
In order to get workers’ compensation for your compression fracture injury, whether you get it from a single incident or it develops over time, you need to prove liability. That means you have to directly connect your injury to your work activities and your employer’s negligence. This can be quite a challenge because it requires a strong knowledge of Florida workers’ compensation laws.
In order to establish liability, you must prove:
● You have a compression fracture that requires medical care
● The compression fracture is negatively impacting your ability to work and enjoy other aspects of your life
● The compression fracture is a result of your work and/or your employer’s failure to keep you safe
● Your employer had a duty of care
It requires a lot of documentation to prove liability. However, a skilled attorney can put together all the evidence needed and submit it accordingly so you can receive your benefits. They will work with the Florida Division of Workers’ Compensation to ensure that you get the compensation you are owed.
If you have sustained a spinal compression fracture, seek medical attention immediately. Afterward, give the team at Justice Pays a call at 1-833-954-1234.
With over 100 years of combined experience, we have helped many Southwest Florida residents receive workers’ compensation benefits. When you work with us, we will take care of everything for you: from documenting the injury and collecting evidence to filing for workers’ compensation. We will fight for your rights no matter the cause of your spinal compression fracture.