Visitor Question

Back injured over time from consistent lifting at work…

Submitted By: Anonymous (Orlando, Florida)

I have been at my job about a year and a half. I am required to lift 30-50 pound items repeatedly. I now have a feeling of pain in my lower back somewhat recently. I can’t necessarily identify a specific situation where my back may have been injured, but I believe it may have been something that has built up over time due to the nature of my work.

I am thinking of seeking medical treatment and trying to file a workers comp claim. Is this a possibility even though there isn’t a specific incident? Can I tell them just that “I think this injury has built up over time from repeated heavy lifting?”

It’s not an emergency injury, but I am certain if left untreated it could lead to bigger issues down the road. Workers comp or not, I want it treated. Do I have a chance at qualifying or would it be a waste of my time? Any information you can provide is much appreciated.

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 Anonymous,

It is certainly not a waste of time to pursue a workers comp claim. If you believe you were injured while performing your work duties, even if the symptoms developed over time, you have the basis of a legitimate workers compensation claim.

Immediately, or as soon as soon as is reasonably possible, contact your employer or the person designated by your employer to accept notice of a worker injuries.

Under Florida’s Workers Compensation laws an injured worker must report the injury to his or employer within thirty (30) days after the accident causing the injury, or within thirty (30) days after the time the injury could have been reasonably discovered. Do not hesitate to report your injury, even if you can’t pinpoint the day and time you were injured. Let’s leave that to the doctors.

The notification must be in writing using form First Report of Worker Injury, Form DWC-1. Notify your employer, or your employer’s designate in writing using this form. Your employer should have the form.

To read Florida’s law as it applies to employer notification see Florida Statutes Section 440.185

All medical bills will be paid by your employer  or your employer’s workers comp insurance company. After visiting with the doctor, you will know if the injury developed over time and was work related.

Learn more here: Back, Neck and Shoulder Injuries

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 with your claim.

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