What to Do After a Back Injury at Work in Orange County

If you’ve just injured your back at work and you’re not sure what to do next, you’re not alone. Here in Orange County, I get a lot of calls about back injuries. Because the workers’ compensation system can be complicated, many people reach out asking what the first steps are.

Report the Injury to Your Employer

Generally, you want to report your back injury to your employer as soon as possible. At that point, your employer should refer you to a doctor for evaluation — and they should do so promptly. Generally, within a day of reporting your back injury, you should be seeing a doctor.

When you do see the doctor, make sure you report all your complaints. For example, if the pain is radiating down one leg, the other, or both, you want to make sure you tell the doctor that. There can be a lot of complications with a back injury, and you want to make sure the doctor’s records are thorough so that all your symptoms can be addressed.

The 90-Day Investigation Period

The insurance company has 90 days to investigate the claim and decide whether they want to accept the injury and pay benefits. During this limbo period, the law requires the insurance company to pay up to $10,000 in medical treatment bills associated with your work injury, until they’ve decided to either accept or deny the claim.

Wage Replacement While You’re Treating

Meanwhile, if you’ve been taken off work by your physician, the question becomes: how do you receive wage replacement benefits while you’re being treated? If the insurance company is not promptly replacing your wages with the temporary disability maximum, you can ask your physician to certify you for State Disability Insurance (SDI). This allows you to receive weekly benefits while the insurance company is still investigating and making a final decision on their position.

When to Contact an Attorney

In the event that the workers’ compensation carrier is unwilling to promptly arrange medical treatment for you or is not paying you workers’ compensation benefits while you’re treating with a doctor and your doctor has taken you off work, you may want to consider contacting an Orange County workers’ compensation attorney. I have over 30 years of experience handling these kinds of cases.