How to Prove a Back Injury at Work in California

To qualify, your back injury must be a result of your employment, either from a single incident or cumulative trauma from repetitive motions or activities. 

If your claim is accepted, workers’ compensation should cover medical expenses, and a portion of any wages you lose while unable to work. 

You’ll need to demonstrate that your back injury is work-related, which can be done with documentation from a doctor connecting your injury to your job, and potentially statements from coworkers. 

It’s crucial to report the injury to your employer as soon as possible, ideally within 30 days, and seek medical treatment. 

Your employer should provide you with a claim form, which you should complete and return. 

An injury or illness is considered work-related if it’s a direct result of or contributed to by the work environment. 

This includes accidents, injuries from repetitive motions, exposure to harmful substances, and injuries resulting from work activities. 

If a pre-existing condition is significantly worsened by a workplace event or exposure, it’s also considered work-related. 

The Occupational Safety and Health Administration (OSHA) defines a work-related injury or illness as an abnormal condition or disorder caused or contributed to by an event or exposure in the work environment. 

Falls, burns, being struck or crushed, fractures, electric shocks, cuts, amputations, needle-sticks, and assaults. 

As soon as possible after the injury or if you suspect an illness is work-related, report it to your supervisor or the appropriate person at your workplace. 

Ensure an official accident report is filed, including the date, time, location, and a description of how the injury happened. 

Prompt reporting helps avoid problems and delays in receiving benefits, including medical care. 

Obtain and keep copies of all medical records related to your injury or illness, including doctor’s reports, physical examination records, and treatment plans. 

If anyone witnessed the accident or incident, obtain their statements as they can provide valuable evidence. 

Take photographs or videos of the injury, the accident scene, and any equipment involved, as visual evidence can be powerful. 

Keep copies of any accident reports or other documentation related to the incident. 

If relevant, keep records of your work hours to show you were working when the incident occurred. 

Any other documentation that could help prove the connection between your work and the injury/illness, such as maintenance reports of equipment, or correspondence with your employer regarding the incident. 

If you or your employer disagrees with your doctor’s findings, you can request a QME to conduct an independent medical evaluation. 

The burden of proof is on you to show that your injury or illness is work-related. 

You need to establish a causal relationship between your work environment and the injury or illness. 

According to OSHA, a case is presumed work-related if an event or exposure in the work environment is a discernible cause of the injury or illness. 

The employer has the right to dictate what work is done and how it’s done, even if the employee has some freedom of action. 

The employer compensates the employee for their services, which can include wages, salary, or other forms of payment. 

The employer is responsible for withholding taxes and providing benefits, such as health insurance or retirement plans. 

The employer typically provides the necessary tools and equipment for the employee to perform their job. 

The employer selects and engages the employee, which can be evidenced through an employment contract or other documentation. 

The employer has the power to dismiss the employee, which is a key indicator of an employer-employee relationship. 

The IRS and other agencies use the common law agency test to determine if a worker is an employee or an independent contractor. This test focuses on the degree of control the employer has over the worker’s work. 

Another test used to determine employment status is the economic realities test, which considers factors like the nature and duration of the relationship, the skill required, and the worker’s investment in the business. 

Misclassification happens when an employer labels a worker as an independent contractor (1099) instead of an employee (W-2), even though the worker’s relationship with the employer indicates they should be classified as an employee. 

Misclassification can lead to workers losing out on crucial benefits and protections, including workers’ compensation, unemployment insurance, minimum wage, overtime pay, and other employment protections. 

Employers who misclassify workers can face significant penalties, including fines, back pay, and potential legal action. 

Some professions where misclassification is common include IT workers, salespersons, healthcare workers, customer service workers, construction workers, and delivery drivers. 

The California Supreme Court established the “ABC” test in the Dynamex case, which is used to determine whether a worker is an employee or an independent contractor. This test states that a worker is presumed to be an employee unless the employer can prove all three of the following: 

• The worker is free from the control and direction of the employer in connection with the performance of the work. 
• The worker performs work that is outside the usual course of the employer’s business. 
• The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. 

If you believe you’ve been misclassified, you can report it to the California Department of Industrial Relations (DIR). 

• For a single employee: You can contact the California Department of Industrial Relations (DIR) Bureau of Field Enforcement (BOFE). 
• For misclassification affecting a group of employees: You can contact the California Department of Industrial Relations (DIR) Bureau of Field Enforcement (BOFE). 

These occur when muscles or ligaments are overstretched or torn, often due to lifting, twisting, or bending. 

This happens when a spinal disc bulges out of shape and presses on a nerve, causing pain and potentially numbness or weakness. 

These are breaks in the vertebrae, often caused by traumatic events or falls. 

• Nerve Compression: Occurs when a nerve is squeezed or compacted, leading to pain and other symptoms. 
• Sciatica: Pain radiating along the sciatic nerve, often caused by a herniated disc or bone spur. 
• Spinal Stenosis: Narrowing of the spinal canal, causing pain, numbness, and weakness. 
• Compression Fractures: Small breaks or cracks in the vertebrae, typically caused by repetitive lifting, bending, or twisting motions. 
• Degenerative Disc Disease: Wear and tear on the discs between vertebrae, which can be aggravated by workplace accidents. 

Seek immediate medical attention for your injury, even if it seems minor, to ensure proper treatment and obtain medical documentation. 

Ensure you have copies of all medical records, including doctor’s visits, surgeries, and ambulance rides, in one place for easy access. 

A qualified doctor’s report detailing the extent of your workplace injuries is essential for your claim. 

Encourage witnesses to write down their statements, which can serve as important corroborating evidence. 

Obtain copies of any workplace accident reports filled out by your supervisor or company representatives. 

These reports can provide valuable information about the circumstances of the accident, including the date, time, and location. 

Keep copies of employment records, such as pay stubs, performance reviews, and employment contracts, to prove your employment status. 

A well-maintained diary can strengthen your claim by providing a clear record of the injury and its aftermath. 

Depending on the case, you may also need expert testimony from fields like occupational safety or rehabilitation. 

If the accident involved a third party or required police involvement, obtain copies of any police reports. 

Contact your insurance company to determine if your policy covers any losses related to the injury.