Back Injuries

  1. Home
  2. »
  3. Workers’ Compensation
  4. »
  5. Back Injuries

Workers’ Compensation for Back Injuries in Florida

Helping Injured Workers Find Relief

Back injuries are both unfortunately common and potentially incapacitating. If you were injured while at work, Florida law allows you to file a workers’ compensation claim for benefits such as medical care, disability, and loss of wages. However, the claims process does not always run smoothly, and you may find it helpful to consult our attorneys before you get started.

At Rosenberg & Rosenberg, we provide compassionate, aggressive legal advocacy for workers who were injured while on the job. Our Hollywood workers’ compensation lawyers can help you file a claim and handle disputes. Call now and get a free consultation. We are available 24/7.

Contact Our Firm

    Are You Eligible for Workers’ Compensation After a Back Injury?

    To qualify for workers’ compensation, you must sustain the injury while performing your regular job duties and while working for a qualifying employer. According to Florida’s Chief Financial Officer (CFO), the following employers are legally required to provide employees with workers’ comp benefits:

    • Construction companies with at least one employee (both full-time and part-time employees count toward the total)
    • All other employers with at least four employees
    • Farms that have either six regular employees and/or at least twelve seasonal workers who are employed for at least a month
    • The Florida state government
    • Local governments

    If you and your employer meet these criteria, then yes, you should be eligible for workers’ compensation for back injuries in Florida. If for any reason your employer does not have insurance—either because they are not required to have it or because they have broken the law—other legal actions may be available to you.

    When Are You Eligible to File a Workplace Injury Lawsuit in Florida?

    In most situations, employees cannot sue their employers. The only exception to this rule is if your employer does not have workers’ compensation insurance, as described above.

    If a negligent third party—for example, a property owner who knew about a dangerous condition but did nothing about it—contributed to your injury, then you may be able to sue them in addition to filing a workers’ comp claim. Our Hollywood personal injury lawyers can help you weigh your options.

    Florida Workers Have a Right to Workers’ Comp Benefits

    Although workers’ compensation is a legal right for most Floridians, workers may be reluctant to pursue what they see as a daunting “legal action” against their employer and fear that they will lose their jobs. Rest assured that:

    • Your right to workers’ compensation is enshrined in state law.
    • Retaliation against workers who file claims for workers’ compensation benefits is illegal. Our Florida attorneys can help you protect your rights and your job if your employer attempts to fire, harass, or penalize you for filing a claim.
    • A workers’ compensation claim is not the same thing as a personal injury lawsuit. You do not need to prove that your employer caused your injuries.

    What Does Workers’ Compensation Cover in Florida?

    Depending on the severity of your back injury, you may need only a couple weeks away from work, or you could require several years’ worth of medical treatments and daily living costs. You may also require occupational training to enter another industry after your accident.

    If awarded, your workers’ compensation benefits can cover:

    • Medical tests, therapies, and medications
    • Visits with general practitioners and specialists
    • Back braces, wheelchairs, and other equipment
    • Wage replacement based on disability and time spent away from work
    • Occupational training and reemployment services
    • Physical therapy and pain management
    Different Compensation Is Available Through a Lawsuit

    Workers’ compensation benefits are limited to the categories described above. In a personal injury lawsuit, you can request compensation for a much wider range of damages, including:

    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Loss of consortium
    • Wage replacement not covered by workers’ comp

    If you suffered a back injury in a workplace accident of any kind, allow us to advocate for you in your pursuit of justice and fair compensation. Call Rosenberg & Rosenberg for a free consultation today and pay no attorneys’ fees until we win.

    How Do You Start a Workers’ Comp Claim in Florida?

    Once you have sustained a back injury at work, time is of the essence: you only have 30 days to report your injuries, and two years to file a formal claim for benefits.

    It is vital that you report the incident to your employer as soon as you can and then file a workers’ compensation claim with all the appropriate documentation. If you feel you may have trouble meeting these requirements on your own while also coping with your back pain, feel free to let our workers’ comp lawyers do the work for you. 

    How Long Does a Back Injury Workers’ Compensation Claim Take?

    That depends on the specifics of your case. For example, if the evidence makes it abundantly clear that your back injury is work-related and your employer’s insurer fully cooperates with your claim, your case may end more quickly than someone who:

    • Has less evidence to prove their claim
    • Has an employer who does not cooperate with the claim
    • Must deal with denials, underpayment, or early termination of benefits from the workers’ compensation insurance company

    In the event of a disagreement over your workers’ compensation benefits, you can enter mediation or negotiation with the insurer.

    How Our Workers’ Compensation Attorneys Support Florida Workers

    At Rosenberg & Rosenberg, we can help you manage deadlines and create the best possible case for your work-related back injury. With over 50 years of experience serving clients throughout Fort Lauderdale, our dedicated workers’ compensation lawyers can give you unparalleled insight and compassionate counsel throughout the entire claims and appeals process.

    Common Work-Related Back Injuries

    Even back injuries that at first seem mild can seriously incapacitate a worker. Therefore, virtually any kind of back injury may make you eligible to file for workers’ compensation. Back injuries that could prevent you from returning to work, either temporarily or permanently, include:

    • Wrenched muscles surrounding the spine
    • Sprains and strains
    • Spinal fractures
    • Whiplash
    • Slipped, herniated, or bulging spinal discs
    • Temporary or permanent spinal cord damage that results in paraplegia, quadriplegia, and other forms of paralysis
    • Chronic lower back pain
    • Pinched nerves or nerve compression

    In a workers’ compensation case, it does not matter who was at fault. Your right to recover a settlement is linked to your employment rather than anyone’s behavior.

    Temporary Versus Permanent Back Injuries

    You are entitled to compensation for as long as your injuries prevent you from working. If you sustained a catastrophic injury that keeps you from ever returning to the workforce, show proof of your diagnosis to the insurance company so they will grant you long-term payments.

    For instance, if your doctor says that your spinal cord injury will prevent you from walking ever again, our Hollywood spinal cord injury lawyers can build your case for all of the benefits you need. 

    How Do Work-Related Back Injuries Happen?

    Workers may suffer back injuries when doing physical labor or due to an uncomfortable office setup. They may happen in one accident or build up over time—but either way, serious back injuries require treatment, or they may cause permanent symptoms or disability.

    Our personal injury attorneys can help injured workers who experienced:

    Back Injuries From Heavy Lifting at Work

    Many of the most severe back injuries and chronic pains arise directly from heavy lifting on the job. This can in turn prevent workers from receiving payment while they heal and recover.

    You may be more likely to sustain a lifting injury if you are not given proper safety equipment or support.

    Back Injuries From Accidents at Work

    For example, a construction worker who falls from a ladder or a medical worker who slips in a hospital hallway can both end up with painful back injuries.

    These incidents are sometimes unpredictable and unpreventable, but following common safety procedures—such as providing construction workers with fall protection and promptly cleaning up spills—can reduce the risk.

    Back Injuries From Repetitive Stress

    Repetitive stress injuries happen when a worker must engage in the same activity over and over again and/or for extended periods. This could mean hunching over for hours at a time or using the same limited set of tools that force the worker to overuse certain muscles.

    Being allowed to take breaks or rearrange your work schedule could prevent back injuries tied to repetitive stress.

    Learn How Our Florida Workers’ Comp Attorneys Can Help You Today

    Our firm has spent the past 50 years working hard to protect workers in our community. In that time, we have handled cases of all levels of complexity against defendants of all types. No matter the circumstances of your claim, Rosenberg & Rosenberg has the experience to represent you.

    Do not miss your opportunity to seek personal injury damages or workers’ compensation for back injuries in Florida. Serious back injuries can cause lasting pain and disability—and you deserve compensation for these struggles. Call now and ask us what we can do to help you secure your future after a serious injury.