Ranging from mild strains to serious spinal damage, neck injuries affect workers across a range of industries. They can be among the most serious workplace injuries depending on severity, and are not something to be taken lightly.
If you’ve suffered a neck injury at work, you are likely wondering how to get fair compensation. To ensure you get fair workers’ compensation for a neck injury at work, you need to understand what steps to take and what your rights are.
In this article, we’ll cover why neck injuries are so serious, common causes of neck injuries, and how to secure compensation for a neck injury suffered at work.
The Severity of a Neck Injury
Neck injuries are so serious for several reasons.
First is due to the neck protecting the upper portion of the spinal cord. If the spinal cord is damaged, it can lead to nerve damage, chronic pain, loss of motor function, or even paralysis. Not only that, but there’s also a high risk of some of these conditions being permanent.
Another concern with neck injuries is that symptoms may only appear hours or days after the initial trauma. If the injury isn’t promptly diagnosed within that time, it can worsen before it’s treated.
Because of the neck’s involvement in nearly every upper-body movement, like driving, working, turning your head, and even sleeping, a neck or cervical spine injury can greatly impact your daily life. For example, a neck injury can reduce your sleep quality and ability to perform everyday tasks.
Common Causes of Neck Injuries
While neck injuries may be more common in jobs involving physical labor, they can be caused in any number of ways. Below are some of the most common causes of work-related neck injuries across industries.
1. Heavy Lifting and Overexertion
Lifting heavy objects, especially above shoulder height, can strain the neck and damage discs, muscles, and/or tendons. Over time, this kind of physical stress can lead to serious cervical spine injuries. This is especially common in physically demanding jobs in sectors like construction, warehousing, and healthcare.
2. Repetitive Motions and Poor Ergonomics
If you’re asking, “What is the most common reason for neck injuries in people working in offices?” this is the answer. Repetitive tasks, awkward posture, and poor workstation setup can cause chronic neck problems, especially for workers who are heavy computer users.
An office worker may, for example, develop pinched nerves or disc issues from long hours spent working at a poorly positioned desk or holding a phone between their ear and shoulder. Doing this once in a while isn’t dangerous. But performing these motions repeatedly, day in and day out, for years, can have serious consequences.
3. Slip and Fall Accidents
Your neck can be injured through direct trauma or the jolting motion caused by a sudden fall at work. Even if you don’t actually fall from a slip, the tensioning of your muscles can cause neck strain. More severe falls can lead to cervical dislocations, fractures, whiplash, or long-term neck pain.
Read more: Hidden Dangers of Slip and Fall Workplace Accidents in Oregon
4. Motor-Vehicle Accidents
Whiplash injuries are typically caused by motor-vehicle accidents, as a collision can cause the neck to jerk violently. You don’t need to be driving or operating machinery fast for a crash to cause serious injury. Even at moderate speeds, a work-related car accident can cause a neck injury.
5. Falling Objects and Struck-By Incidents
Even with proper safety gear, getting hit by a falling tool, box, object, or piece of equipment can cause major complications to the neck. These kinds of workplace accidents frequently occur on construction sites, in warehouses, and in retail stores.
Workers’ Comp Settlements for Neck Injury
More important than what caused your neck injury at work are the steps you take to ensure you receive fair compensation. To file for workers’ compensation for a neck injury at work, you need to understand that there are deadlines to make your claim and medical evaluation requirements.
Let’s start by defining what a compensable injury is here in the state of Oregon, and then we will walk you through how to properly file a workers’ compensation claim.
When does a neck injury at work qualify for compensation?
In Oregon, according to ORS 656.005(7)(a), you can be compensated for injuries “arising out of and in the course of employment requiring medical services or resulting in disability or death.” In other words, the injury must be work related and serious enough to require medical treatment or cause disability.
For example, if you hurt your neck after falling from a ladder, or from months of straining your neck at a poorly set-up workstation, you can be compensated as long as work activities were the primary cause of the injury.
It’s important to note that if your neck injury at work combines with a pre-existing injury or condition, your workplace injury will only be compensable if it is the major contributing cause of the combined neck injury. This standard is designed to exclude injuries from compensation where the primary cause of a neck problem was a personal injury or a pre-existing condition, instead of anything job related. It’s also a common defense against workplace compensation claims.
How to File a Claim
Following the proper procedure for filing a workers’ compensation claim is critical. Below are the steps you need to take after a neck injury at work to secure compensation.
- Report Your Neck Injury to Your Employer
Even if it seems minor, report your neck injury to your employer as soon as you notice it. In some cases, you may have to seek medical treatment right away and won’t be able to notify your employer until after the fact. That’s not a problem. In Oregon, you have up to 90 days to report a workplace injury, but the sooner you report it, the better.
Make sure to notify your employer in writing and keep a copy for your records. Throughout the claims process, it’s important to document everything, from communication with your employer to any medical bills and records related to your treatment.
- Get Medical Care
See a medical doctor for treatment as soon as possible. Be sure to tell them the injury happened at work to connect your treatment to your claim. The doctor will fill out Form 827, which initiates the medical side of your claim.
Describe all your symptoms in detail. If you need time off or job restrictions, your doctor must document it.
Related: How to Advocate for Yourself with Workers’ Comp Doctors
- File Your Claim
Officially filing your workers’ compensation claim involves two forms: Form 801, which you need to fill out and submit to your employer; and Form 827, which is submitted by the doctor who treated you. Once received, your employer has five days to send your form to their insurance carrier.
- Wait for the Insurer’s Decision
The insurer has 60 days from when your employer was notified of your neck injury to either accept or deny your claim.
If accepted, you’ll get a letter listing which neck conditions they’re covering (e.g., cervical sprain or herniated disc). If a condition is missing, you can ask to add it. If the claim is denied, the insurer must explain why and inform you of your appeal rights.
- Appeal the Decision If Denied
If your claim is denied and you decide to appeal the decision, it’s a good idea to consult with a workers’ comp lawyer. A lawyer can walk you through how to go about appealing the decision and get you a fair settlement.
Need a Neck Injury at Work Lawyer?
A neck injury at work can have devastating consequences. It can limit your ability to perform your job and can lead to permanent disability.
If you were denied a workers’ compensation claim, we here at Ransom, Gilbertson, Martin & Ratliff are happy to help. We’ll fight for your rights and make sure you don’t have to settle for less!
Get in touch with us to schedule a free consultation, and together we can discuss what your options are to get you the settlement amount you deserve.
Mike grew up in a military family and attended Northwestern School of Law in Oregon, where he graduated with honors. He began practicing workers’ compensation law in 1991 and became a founding partner of Ransom & Gilbertson in 1995. With decades of experience, Mike is known as a top 1% workers’ compensation attorney and has earned Martindale-Hubbell’s highest AV rating for skill and ethics. Outside the office, he enjoys rafting, fishing, going to the beach, and spending time with his dog, Sahalie.