If you suffered a neck injury while working, you might be wondering if you are eligible for workers’ compensation benefits. A California work comp attorney can help you learn more about what benefits may be available under the California Workers’ Compensation Act.
California Neck Injury Workers’ Compensation Attorneys
Kneisler and Schondel have many years of experience successfully obtaining workers’ compensation benefits for our clients. While many cases settle, our office will not hesitate to take your case to trial if necessary to fight for your legal rights. We handle many kinds of workers’ compensation cases from start to finish, including neck injury cases. Contact our office today to schedule a consultation to learn more about how we can help you move forward with your potential workers’ compensation claim.
What Should I Do If I Injure My Neck at Work?
Injuring your neck while working can have devastating consequences—and might even result in a permanent disability and impact your ability to return to work. While these injuries can also be on the mild side, such as a neck strain or sprain, it is critical to receive proper medical treatment immediately for a neck injury.
Getting immediate medical intervention for a neck injury is important—not just for your case, but for your health and overall prognosis. Once you have received immediate medical care, be sure to report your injury to your manager or supervisor as soon as possible. You must notify your employer of your work injury within a specific time frame, or your workers’ compensation case could be denied. If the case is denied, you might not receive any workers’ compensation benefits or compensation for your injuries.
Traumatic Neck Injuries vs. Repetitive Use Neck Injuries
There are generally two types of neck injuries that can be work-related. The first is a traumatic neck injury. A traumatic neck injury tends to be caused by a single event—for example, falling off a ladder and landing on your back and neck—causing immediate pain. Of the two types of neck injuries that happen at work, traumatic injuries are often easier to prove because there is usually a clear injury-causing event, and it is also common to have witnesses.
Repetitive use neck injuries typically develop over a more extended period, such as a few months or even years. Neck injuries at work can be caused by repeated heavy lifting or repetitive movements while performing your job duties.
It is not unusual for a repetitive use neck injury claim to be denied initially. If this happens to you and you still believe your injury was caused by performing your work duties, it is worth speaking to an experienced workers’ compensation attorney. A lawyer familiar with these types of cases might be able to get things quickly turned around in your favor, allowing you to begin receiving workers’ compensation benefits.
Workers’ Compensation Benefits for Neck Injuries
If you have never been injured at work before and this is your first work comp claim, you might not be familiar with the benefits that injured California workers are eligible to receive. While many people know that injured workers with successful claims get their medical bills paid, there are many other valuable benefits.
Temporary Total Disability Benefits for Workers’ Compensation Neck Injuries
Temporary total disability benefits are available for injured workers who are taken off work by their treating doctors because of their injuries. This benefit is paid out via check, every two weeks. The amount you will receive for temporary disability payments is two-thirds of your average weekly wage—although this amount is subject to state minimums and maximums. Your workers’ compensation attorney can help ensure that you are receiving the correct amount in temporary total disability benefits.
Temporary Partial Disability Benefits for Neck Injuries at Work
Another temporary workers’ compensation benefit is called temporary partial disability, wage loss benefits. This benefit can be paid out when an injured worker is given work restrictions by their doctor, and their employer is able to accommodate those restrictions by providing light duty work—but that work pays less than they earned prior to the injury.
An injured worker can also receive temporary partial disability benefit payments if the light duty work pays the same amount, but they are given fewer work hours, lessening their overall pay. Temporary partial disability benefits are typically paid out at a rate of two-thirds of the difference between the employee’s average weekly wages and their new weekly wage with the work restrictions.