Applying For Workers’ Comp With A Work-Related Neck Injury

Applying For Workers’ Comp With A Work-Related Neck Injury 2017-09-27T09:18:29+00:00

Are you unable to work after suffering a job-related neck injury? You may be wondering:

  • Am I covered under workers’ compensation?
  • Which types of injuries qualify for workers’ comp?
  • What happens if my claim gets denied?
  • What if my injury is permanent?
  • Can a lawyer help me with all of this?

We can help you explore all of your options after a workplace neck injury.


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A serious neck injury can be painful and extremely frustrating. In addition to limiting your ability to enjoy recreational activities, these injuries often make it impossible to work for an extended period of time. When you’re suffering from a work-related injury, it’s important not to force yourself to work through it. Your priority should be getting the medical treatment you need and taking the time to recover until you’re capable of working at your full strength.

Workers’ compensation is designed to assist injured employees while they’re unable to work. This form of no-fault insurance provides compensation for medical expenses and lost wages until you can return to your job. However, it’s often difficult to receive the benefits you’re rightfully entitled to. The process can be complicated, and it’s common for insurance companies to deny legitimate claims.

Which Injuries Qualify For Workers’ Comp

Since this is a no-fault form of insurance, it doesn’t matter how your injury happened. Any injury or illness related to your work duties is eligible. Even if your own mistake led to your injury, you’re still entitled to benefits. And even if your employer’s negligence caused your injury, you usually can’t sue them.

This coverage includes injuries which occur in unexpected workplace accidents, as well as cumulative injuries which slowly build up due to repetitive motions. For any work injury claim, it’s important to provide the proper medical evidence and documentation. It’s also often necessary to have assistance from an experienced work injury lawyer.


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Difficulties Caused By Neck Injuries

Neck injuries can occur in one of a few different ways; either through everyday wear and tear, overuse, or from trauma incurred during an accident.

The symptoms of a neck injury vary depending on severity, but may include:

  • Stiffness
  • Pain and soreness
  • Limited range of motion
  • Headaches
  • Trouble sleeping
  • Reflective pain in other body parts (i.e. shoulders, back, head, legs)

If you’ve noticed any of these symptoms in your own neck, you should consider seeking medical treatment. Even if the symptoms are relatively mild, receiving medical care early can help prevent your injury from becoming more serious. If your injury is already severe enough to limit your ability to work or complete daily tasks, you should consider filing a claim for workers’ comp in addition to seeking medical attention.

Accidents & Work Conditions That Lead To Neck Injuries

Work-related neck injuries account for a median of 8 missed days from work and accounted for nearly 16,000 work injuries nationwide in 2015. These injuries can either occur in workplace accidents or in the form of a repetitive motion or musculoskeletal injury which builds up over time.

Common causes of neck injuries in the workplace include:man getting neck massaged

  • Auto accidents – Neck injuries are of the most common car accident injuries, so anyone who drives for a living is at risk of a neck injury if an accident happens on the job. These may come in the form of sprains, tears, bone fractures, and whiplash. Symptoms of whiplash often have a delayed onset and become more severe over time.
  • Slip and fall accidents Slipping and falling onto a hard surface can cause severe injuries on impact. If your point of impact is at your neck, you could suffer from ruptured discs, damaged tissues, spinal cord damage, or even become paralyzed.
  • Falls from high elevations – Workers whose job duties require working from heights (such as roofers, electricians, and construction workers) could suffer a debilitating neck injury if they fall. Some of these falls may be caused by the negligence of a third party, such as someone who improperly constructed scaffolding which caused the fall.
  • Working from uncomfortable or awkward positions – Skilled physical labor, such as plumbing or carpentry, often requires working from unnatural and uncomfortable positions. Over time, this can cause strain on your neck and lead to a repetitive stress injury. These injuries are possible in all environments, as even office workers who have poor posture while working from a desk are at risk of a cumulative neck injury.

Remember that when applying for workers’ compensation, the cause of your injury doesn’t matter. All that matters is that it is related to your work duties.

Do I Need A Lawyer To File A Claim?

You’re not legally required to have a lawyer when you apply for workers’ compensation, but it’s often wise to consult with one. Unrepresented workers are much more likely to have their claims denied by the insurance company or disputed by their employer. A respected work injury lawyer can help you gather everything you need for a claim and deal with the insurance company on your behalf.

Additionally, you may be eligible for other forms of compensation outside of workers’ comp. Permanent or disabling neck injuries, such as a paralyzing spinal cord injury, could also qualify for Social Security Disability benefits. If your injury occurred due to the negligence of a third party, such as a construction site injury caused by an independent contractor, you could sue the responsible party for additional damages in a personal injury lawsuit. In order to determine if you qualify for these forms of compensation, it’s usually necessary to have your case reviewed by a lawyer.

We understand if you’re worried about money while out of work with an injury. That’s why at Banville Law, we offer free consultations and only require payment after we’ve helped you secure your benefits. This way, you don’t have any additional financial stress while you’re awaiting the financial compensation you need.

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