While lifting a box at work, you feel a sharp pain shoot through your neck.
At first, you think it’s just a minor strain, but by the next morning, turning your head feels impossible.
Now, you’re experiencing a persistent ache, limited range of motion, and contemplating your next steps.
You deserve answers and support. This post will guide you through how to prove a workplace neck injury in Minnesota, outlining the essential elements and explaining why experienced legal counsel is invaluable.
Understanding Common Workplace Neck Injuries
When it comes to workplace injuries, neck injuries can be some of the most debilitating, impacting your ability to work, drive, or even sleep comfortably. Common workplace neck injuries include the following:
- Whiplash—often caused by sudden jerking motions, leading to strained muscles and ligaments;
- Herniated discs—when the cushioning discs between vertebrae slip or rupture, causing pain and limited mobility;
- Cervical fractures—serious injuries that involve broken bones in the neck;
- Pinched nerves—caused by the compression of nerves, leading to pain radiating from the neck to the shoulders or arms;
- Cervical radiculopathy—this condition involves nerve compression in the neck, leading to pain that radiates down the arm; and
- Muscle strains—overuse or improper lifting techniques can cause muscle tension and spasms in the neck area.
Any of these conditions can be costly to treat, and workers’ compensation can help you pay for such treatment. But first, you will need to prove that you have such an injury and that it happened at work.
Are Workplace Neck Injuries Hard to Prove?
Proving workplace neck injuries can be challenging, but it is not impossible. Neck injuries often don’t present visible signs, like bruises or cuts, making it easier for insurance companies to dispute your claims. Challenges in proving neck injuries may include:
- Delayed symptoms. Some injuries, like whiplash, may not show immediate symptoms.
- Pre-existing conditions. Insurance companies might argue your pain stems from a prior injury that was unrelated to your work.
- Lack of witnesses. If no one saw the incident, it might be harder to corroborate your claim.
Despite these hurdles, thorough documentation and skilled legal guidance can significantly improve your chances of success.
How to Prove a Workplace Neck Injury in Minnesota
Proving a workplace neck injury requires timely actions, thorough documentation, and adherence to state laws.
Seek Medical Attention
An immediate medical evaluation is crucial. Not only does it protect your health, but it also provides essential documentation for your claim.
Minnesota allows you to choose your doctor, but your employer may require an initial evaluation by a designated healthcare provider. If you’re unsure whether your provider qualifies, consult your HR department or legal counsel for guidance.
Demonstrating a clear link between your neck injury and your job duties is essential. This might involve:
- describing the physical demands of your work,
- explaining how the injury occurred during work activities, and
- providing evidence that your job tasks could have caused or aggravated the condition.
Report the Injury Immediately
Minnesota law requires that you report any workplace injury to your employer as soon as possible, ideally within 14 days.
- How to report. You will want to notify your supervisor of the incident in writing and keep a copy for your records.
- What to include. When you write up your notification, be sure to include the date, time, and location of the incident. You’ll also want to include any relevant details.
If you fail to promptly report the incident, it can jeopardize your ability to receive workers’ compensation benefits.
Document Everything
You’ll need to gather substantial evidence to prove your claim:
- Medical records. Keep detailed records of your medical treatment, including doctor’s notes, diagnoses, therapy records, and any restrictions on your work activities.
- Witness statements. If coworkers witnessed the incident, ask them to provide written statements. Their testimony can be valuable in establishing the circumstances of the injury.
- Personal journal. Document your symptoms, pain levels, and how the injury affects your daily life. Also, document the accident itself by taking photos of the scene and writing down everything you remember about what happened as soon as possible.
For example, if you experienced whiplash after lifting a heavy box incorrectly, your medical records and coworker testimonies can be critical in proving your claim.
File a Workers’ Compensation Claim
Your employer must submit a First Report of Injury (FROI) to their workers’ compensation insurer. If they fail to do so, you have the right to file directly with the Minnesota Department of Labor and Industry.
Why You Need a Lawyer for Workplace Neck Injury Claims
The workers’ compensation process is complex, but the right guidance simplifies every step, especially when dealing with neck injuries that insurance companies often dispute. Here’s why hiring an experienced workplace injury attorney is essential:
- Assessing the case. We evaluate all aspects of your case to determine its strengths and weaknesses.
- Negotiating with insurers. Insurance companies often try to minimize payouts by offering quick settlements that do not cover all of your current and future losses—knowing that if you accept a bad offer, you can never come back for more, regardless of how much the injury ends up costing you. We do not fall for insurer tactics, and we will fight and negotiate aggressively to ensure you get fair compensation to cover all of your losses.
- Appealing denials. If your claim is denied, we’ll guide you through the appeals process and present compelling evidence to support your case.
Our team provides knowledgeable legal guidance and representation throughout the entire process.
Your Neck Injury Shouldn’t Limit Your Future
Proving a workplace neck injury can feel overwhelming, but you don’t have to face it alone.
At the Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka, we provide compassionate support and aggressive legal representation to secure the compensation you deserve.
For more than 36 years, our team has helped Minnesotans overcome workplace injuries.
Contact us today using our secure online form or call us at 651-362-4355 for a confidential consultation.
Frequently Asked Questions
Can I Still Claim Workers’ Compensation If My Neck Injury Developed Over Time?
Yes, repetitive strain injuries, like those from poor ergonomics or prolonged manual labor, are eligible for workers’ compensation. Documenting when symptoms began and how they progressed is crucial to getting compensated for such injuries.
What If My Employer Denies That the Injury Happened at Work?
Gathering evidence, such as witness statements and medical records, is critical. An attorney can help build a strong case to challenge the denial.
How Long Will It Take to Settle My Workplace Neck Injury Claim?
The timeline varies depending on the case’s complexity and whether the claim is disputed. Straightforward claims may resolve in a few months, while contested cases could take longer.
Resources:
- Workers’ Compensation Claims Process FAQs. Minnesota Department of Labor and Industry, link
- Reporting a work injury. Minnesota Department of Labor and Industry, link
- Neck Pain. Minnesota Institute for Pain Management, link
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