How this injury happens at work.
- Lifting, carrying, and twisting under load — warehouses, delivery, nursing, construction
- Years of driving — trucking, delivery, transit, field service
- Falls from height and slips on wet floors
- Vibration from heavy equipment
- Repetitive bending in agriculture, packing, and assembly
The injuries we see.
- Lumbar strain and sprain
- Herniated or bulging disc with sciatica
- Spinal stenosis and spondylolisthesis aggravated by work
- Vertebral compression fracture from falls
- Cumulative trauma from lifting and driving
- Failed back syndrome after surgery
Report it, then file it.
California workers’ compensation runs on fixed deadlines, and the carrier will use every one you miss. Report the injury to your employer in writing, ask for the DWC-1 claim form, keep a copy of everything, and get to a doctor the same day if you can. The deadline calculator on our home page shows how long is left on each clock from your date of injury.
Treatment and your right to a doctor.
Conservative care first — therapy, medication, epidural injections — then surgical consult for discectomy or fusion when warranted. The treating physician drives everything downstream, so we fight for the doctor you choose rather than the carrier’s network default, and we appeal utilization-review denials of imaging and injections.
All treatment reasonably required to cure or relieve the injury is covered — no co-pay, no deductible, no lifetime cap. For the first 30 days you generally treat within the employer’s medical provider network unless you pre-designated your own physician; after that you can change treating doctors within the network, and disputes over diagnosis or disability go to a Qualified Medical Evaluator. Utilization-review denials can be appealed through Independent Medical Review within 30 days.
Two claims, not one.
Workers’ compensation
Medical care, temporary disability at two-thirds of your average weekly wage, permanent disability, and retraining. Your employer can’t be sued — that immunity is the bargain.
Whoever else caused it
A fall caused by an unguarded opening, a defective ladder or scaffold, or a negligent contractor on a multi-employer site supports a separate civil case.
Both cases run at the same time. You do not choose between them, and the two-year civil statute keeps running whether or not the workers’ comp claim is filed.
Permanent disability and what it’s worth.
Spine ratings under the AMA Guides can be substantial, particularly after fusion or with radiculopathy. Most back cases resolve either by Compromise & Release (lump sum) or by Stipulated award with lifetime medical care for the spine — a real choice that depends on your age, the likelihood of future surgery, and your health coverage.
Once you reach maximum medical improvement, the treating physician or the medical-legal evaluator writes a report that is converted to a permanent disability rating and a weekly benefit. Cases then resolve by Compromise & Release for a lump sum, by Stipulated award with future medical care left open, or by trial before a workers’ compensation judge. If your employer can’t offer work within your permanent restrictions, you are also entitled to a Supplemental Job Displacement Benefit voucher for retraining and the Return-to-Work Supplement.
What the carrier will try.
- Apportioning the rating to “pre-existing degeneration” seen on every adult MRI
- Labeling a lifting injury a “strain” and closing the file in six weeks
- Denying MRI until months of therapy are documented
- Surveillance to argue you are exaggerating restrictions
Questions we hear first.
Is a back injury that built up over years covered?
Yes. Cumulative trauma is a recognized injury under California workers’ compensation. It is filed and rated like a specific injury, with its own date-of-injury rule.
Should I take a lump sum or lifetime medical?
It depends. A Compromise & Release closes the case for a lump sum; Stipulations keep medical care open for life. If future surgery is likely and you have no other coverage, lifetime medical can be worth more than the cash. We walk through it with real numbers.
Can I be fired while on temporary disability for my back?
Not because of the claim. Punishing a worker for filing is illegal under Labor Code section 132a. Layoffs unrelated to the claim are a different question — and often a separate employment case.
General information about California law, not legal advice about your case. Statutes cited: Labor Code §§ 4600, 4650, 4658.7, 4906, 5400, 5401, 5402, 5405; Code of Civil Procedure § 335.1. Every case turns on its own facts — call for a free consultation.