Visitor Question

Fell and Injured My Back at Work…

Submitted By: Donald (Brownsville, TX, USA)

I was walking in the back receiving area of a major retail store chain where I work. I fell after getting pushed by the unloading shoot that was being moved by another worker. I was pushed into a pallet and fell backwards, twisting my back. The pain was intense, but went away after an hour.

I made a report to help keep it from happening again, but opted not to go to the doctor thinking everything was ok. For the past month though I’ve been experiencing lots of pain in my lower back and feel a “popping” when I walk. I honestly feel this was do to the fall since I’ve had no other accidents since that day. I also feel that I didn’t have pain in the previous months because I was working less hours than I am now. This happened 7 months ago.

Do I have a personal injury case or could I get compensated for the pain I’m now feeling? How would I go about pursuing a settlement? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Donald,

Instead of a personal injury claim you may have a workmans compensation claim. They are both similar in some ways, and very different in others. In the State of Texas, workmans compensation statues require you report a work-related injury within 90 days of the incident.

There are some exceptions to that rule and you may fall into one of those exceptions.

Because you didn’t experience the symptoms of your injury until about 7 months after the incident you may be able to still pursue your claim. Contact your immediate supervisor. Ask her to provide you with a workmans compensation form.

Also ask to see one of the doctors on the company’s approved doctors list.

Be sure you remain in contact with your supervisor and the workmans compensation insurance representative. You want to be quite sure your doctor’s bills will be covered and that your claim will be taken as a legitimate one. Once you have completed your treatment you will be in a position to settle your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 22, 2011

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