Understanding Workers’ Comp for Back and Neck Injuries at Work

Workers’ Compensation for Back and Neck Injuries at Work

Key Takeaways:

  • Report your injury immediately in writing and request medical care from your employer’s chosen doctor.
  • Know the difference: back and neck claims may fall under accidental injuries or specific traumatic incidents.
  • Common causes include falls, vehicle accidents, struck-by incidents, and overexertion.
  • Compensation may cover wage loss (up to 300 weeks), medical expenses, and vocational rehabilitation.
  • Don’t settle too quickly—speak with an experienced workers’ comp lawyer before accepting an offer.
  • Kornbluth Ginsberg Law Group helps NC workers secure rightful benefits and protect their future.

At Kornbluth Ginsberg Law Group in Durham, NC, we know how challenging it can be to deal with a back or neck injury sustained at work. These injuries don’t just cause physical pain—they can also disrupt your ability to earn a living, care for your family, and enjoy daily life. Our workers’ compensation team is here to provide guidance and support, ensuring you get the benefits you’re entitled to under North Carolina law.

When it comes to workers’ compensation claims for back or neck injuries, understanding the legal definitions of accidental injuries and specific traumatic incidents is key. Let’s break these down in simple terms to help you navigate the process.

First and foremost, ALWAYS notify your employer/supervisor of your injury immediately or as soon as possible. It is best to make that notification in writing whether written on a piece of paper, an official incident form or even via text message.

Next make sure to request that your employer send you to their chosen doctor for medical attention and be sure to tell the doctor that you got hurt at work.

Accidental Injury vs. Specific Traumatic Incident

In North Carolina, workers’ compensation covers injuries that arise out of and in the course of your employment.

Back and neck injuries often fall into one of two categories:

1. Accidental Injury

An accidental injury is an unexpected and unusual event that occurs during the course of your job. For example, if you trip over a cord in the office and fall, injuring your neck, this would likely be considered an accidental injury. The event must be something out of the ordinary compared to your typical job activities.

2. Specific Traumatic Incident

A specific traumatic incident is slightly different. It applies to back and neck injuries caused by a distinct, identifiable event during a regular work activity. Let’s say you’re a warehouse worker lifting a heavy box, and you suddenly feel a sharp pain in your back—this could qualify as a specific traumatic incident. The key here is that the injury must be tied to a specific event, even if the task was part of your usual job.

Why Does the Difference Matter?

The distinction between these two types of injuries can impact how your workers’ compensation claim is evaluated. In some cases, insurance companies may try to argue that your injury developed over time or is related to a pre-existing condition rather than a specific work-related event. That’s why having an experienced workers’ compensation attorney on your side is critical—we know how to gather the evidence needed to show that your injury qualifies for benefits under North Carolina law.

Common Causes and Types of Back Injuries

North Carolina workers can sustain various types of back injuries on the job.

Some of the most common back injuries workers seek benefits for include:

  • Spinal disc herniations caused by overexertion or repetitive stress
  • Broken vertebrae caused by blunt force trauma
  • Spinal cord injuries that result in partial or complete paralysis
  • Muscle strains due to lifting heavy objects

Understanding the common causes of workplace back injuries can help you protect your well-being by avoiding them when possible.

Common causes of workplace back injuries in NC are:

  • Vehicle Accidents – Delivery drivers, long-haul truckers, construction workers, and other employees whose work involves driving or working around vehicles may be at risk of car or truck accidents. These accidents often involve significant forces that can damage the spine and soft tissues connecting to it.
  • Struck-By Accidents – Workers can sustain back injuries after being struck by falling objects. These accidents can break vertebrae and cause spinal disc herniation due to the compressive force.
  • Falls – Falls from heights, such as those construction workers may experience, can cause severe damage to the spinal column. Even a slip and fall, such as on a wet floor in a kitchen, can result in permanent back injuries.
  • Overexertion – Lifting heavy objects can strain the muscles in the back and cause herniated discs, leading to chronic pain and muscle tears that may require physical therapy or surgery in severe cases.

North Carolina workers can sustain various types of back injuries on the job.

Some of the most common back injuries workers seek benefits for include:

  • Spinal disc herniations caused by overexertion, lifting, bending or twisting
  • Broken vertebrae caused by blunt force trauma
  • Spinal cord injuries that result in partial or complete paralysis
  • Muscle strains due to lifting, bending or twisting

Workers’ Compensation Settlements for Back Injuries in NC

  • Workers’ comp settlements for back injuries in NC include three main components: wage loss benefits, medical expense benefits, and vocational rehabilitation benefits.
  • Wage loss benefits can provide partial disability benefits (PPD) for a set number of weeks, depending on the extent of your impairment. For back injuries, a maximum of 300 weeks of compensation is available. If you are unable to return to your pre-injury job, you may be entitled to continuing temporary total disability (TTD) benefits.
    • It is critical that you speak with an experienced workers’ compensation attorney to determine which type of wage loss will maximize your recovery. Insurance companies will often offer payment of PPD benefits when they know that a TTD claim is likely more to your benefit.
    • Do not EVER agree to a settlement for your back injury before speaking with an experienced workers’ comp lawyer.
  • Medical expense benefits cover all reasonable and necessary medical treatments related to your workplace back injury. You typically must receive treatment from a doctor approved by your employer or their insurance company for it to be covered.
  • Vocational rehabilitation benefits pay for education or training to help you obtain a new job that meets your work restrictions. Following a back injury, you may no longer be able to perform manual tasks or sit for extended periods. But if you can still work a different job, workers’ comp may pay to train you.

We’re Here to Help

At Kornbluth Ginsberg Law Group, we understand that dealing with an injury can feel overwhelming. Medical bills pile up, work may become impossible, and dealing with insurance companies can be frustrating. Our team is here to take that burden off your shoulders. We’ll work tirelessly to ensure your rights are protected and that you receive the benefits you deserve, including compensation for medical treatment, lost wages, and ongoing care if needed.

If you’ve injured your back or neck on the job, don’t wait to seek help. The sooner you contact our experienced workers’ compensation team, the sooner we can start building your case. We offer free consultations and are proud to serve the hardworking people of Durham, Sanford, and beyond.

Your health and well-being are our top priorities. Let us fight for you while you focus on healing.  Contact us online or call 24/7 at 919-980-9895 for a free, no-obligation consultation with a workers’ compensation lawyer in North Carolina. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We at Kornbluth Ginsberg Law Group are ready to help you understand your legal options.