How Workers’ Compensation Covers Neck Injuries

Neck injuries are one of the most common types of work related injuries and one of the most painful. Luckily, if you’ve suffered a neck injury at work, workers’ compensation was put in place to help you cover any medical expenses and recover lost wages if you missed work. Here’s everything you need to know about the process from our own workers compensation attorney here in Colorado:

What Is Workers’ Compensation?

Workers’ compensation is insurance your employer must carry to cover employees injured on the job. It provides benefits regardless of who was at fault for the injury, meaning you don’t need to prove negligence. This system ensures that injured workers can get back on their feet while being protected from financial strain.

Steps to Take After a Neck Injury

• Report the Injury Immediately – After any type of work related injury, whether it was your neck, back, eyes, arms, or legs, you should report it to your employer as soon as possible. 
• Seek Medical Treatment – Always see a doctor immediately. Not only for your health, but the medical record will be critical in your workers’ comp claim. Your employer may direct you to a specific doctor approved by their workers’ comp insurance, but you’re entitled to a second opinion if you disagree with the diagnosis.
• Document Everything – Keep track of all doctor visits, treatments, medications, and how the injury impacts your ability to work or perform daily activities.

Deadline to Report the Injury to Your Employer in Colorado

The deadline for reporting a work-related injury to your employer in Colorado is four days from the date of the injury. If you don’t report the injury within this timeframe, you might risk losing some or all of your workers’ compensation benefits.

It’s important to note that the report should be made in writing, and you should keep a copy for your records. Even though you have four days, it’s always a good idea to report the injury as soon as possible to avoid complications in your workers’ compensation claim.

Common Causes of Neck Injuries at Work

Neck injuries often happen from:

• Slips and falls
• Lifting heavy objects
• Repetitive stress injuries (like sitting at a desk for long periods with poor posture)
• Motor vehicle accidents

In workers’ compensation claims, it’s important to prove that the injury occurred while performing job duties or as a result of the work environment.

Benefits You Are Entitled To

With workers’ compensation, you may be entitled to:

• Medical Benefits: These cover hospital bills, doctor’s visits, surgeries, rehabilitation, and medications.
• Temporary Disability Benefits: If you’re unable to work while recovering, these benefits can cover part of your lost wages.
• Permanent Disability Benefits: If the injury causes lasting impairment, you may be entitled to compensation for that long-term damage.
• Vocational Rehabilitation: If you’re unable to return to your previous job due to the injury, you might be eligible for training to switch to a new field of work.

Workers Compensation for Different Types of Neck Injuries

The following list are good examples of neck injuries where you could possibly claim workers compensation:

• Herniated disc
• Neck sprain
• Neck muscle injury
• Fractures
• Whiplash
• Cervical fracture
• Cervical dislocation
• Cervical spine injuries
• Radiculopathy
• Repetitive stress injuries
• Sprains and Strains
• Stinger

Can You Sue Your Employer?

In most cases, workers’ compensation is the “exclusive remedy” for workplace injuries, meaning you cannot sue your employer directly. However, there are exceptions, such as:

• If a third party (not your employer) caused your injury (for example, a contractor or equipment manufacturer), you may be able to file a separate lawsuit against them.
• If your employer acted with gross negligence or intentional misconduct, there could be additional legal options available.

What If Your Claim Is Denied?

It’s not uncommon for insurance companies to deny workers’ comp claims, especially if they believe the injury wasn’t work-related or was pre-existing. If this happens:

• You have the right to appeal the decision.
• You should consult a Colorado workers compensation law firm like Boesen Law so we can help build a strong case.

Settlements and Future Care

Once you’ve reached maximum medical improvement (MMI)—the point where your condition is stable—you might be offered a settlement. This can cover ongoing medical treatment and permanent disability. Be cautious when accepting settlements, as they may limit your ability to seek additional care if your condition worsens. An attorney can negotiate to ensure the settlement meets your long-term needs.

Neck Injuries: Special Considerations

• Severity of Injury: Neck injuries can range from mild strains to much more severe conditions like herniated discs or spinal cord damage. The more serious the injury, the more complex the claim, but it could also lead to a higher verdict or settlement from the insurance company.
• Ongoing Treatment: Neck injuries often require extended treatment, including physical therapy, surgery, or pain management. It’s important that your compensation covers these long-term needs.
• Return to Work: Even if you can return to work, you may have restrictions, like avoiding heavy lifting or prolonged sitting. Workers’ compensation may provide benefits for reduced earning capacity if you can’t return to your previous job or work full time.

Why You Should Consult a Workers’ Compensation Attorney in Colorado

While workers’ compensation is meant to be straightforward, dealing with insurance companies and navigating the legal process can be difficult, especially when you’re recovering from an injury. An injury attorney can:

• Ensure your claim is filed properly and on time
• Negotiate with the insurance company for fair benefits
• Help you avoid pitfalls that could hurt your case (such as returning to work too soon)
• Represent you in appeals or disputes over denied claims

Understanding this information about how workers compensation can cover neck injuries and following the right steps, you can ensure you receive the compensation you’re entitled to after an injury. Working with our experienced lawyer can provide you with the peace of mind that your rights are being protected throughout the process and also get you results.