Average Workers’ Comp Settlement For A Back Injury

First things first. When you make a work injury claim, workers’ comp insurance will pay for things including:

• Medical expenses to treat your injuries
• Temporary or permanent partial or total disability benefits, which compensate you if you lose wages or earning power on a temporary basis due to your injuries.
• Vocational rehabilitation if you must train for a new job because your injuries prevent you from doing your old one
• Death benefits for surviving loved ones if a work injury is fatal

You can recover monetary payments for these losses by filing a claim after a work injury. In some cases, the insurer pays your bills on a temporary basis while you recover from the injury and then the claim is closed. But in other circumstances, a workers’ comp settlement is necessary to close out the claim.

The settlement can come in the form of a lump sum payment from the insurer to fully compensate you for all covered losses arising from the work-related injury. Or it can come in the form of a structured settlement, where you receive money over time to compensate you for losses.

You can negotiate a settlement or an administrative law judge will determine an appropriate settlement amount after a hearing if you and the insurer are not able to agree on how much compensation you’re entitled to for your work-related injury.

If you believe you are entitled to a workers’ comp settlement back injury payment, you’ll need to know how much compensation you are likely entitled to receive. You don’t want to accept a settlement for too little because otherwise you might not receive full compensation for damages. Once you agree to settle your case, you can’t change your mind and ask for more money later.

Looking at the average workers’ comp settlement for back injury claims can be helpful because it gives you an idea of what kinds of payments workers with back injuries receive. However, it is important to remember that each case is different and your own settlement amount is best determined based on the specifics of your situation.

Still, if you’re curious about average compensation for people who sustain back injuries on-the-job, there are several different data points to consider:

• A survey revealed the average settlement comes in between $20,000 and $25,000 for workers’ comp back injury claims.
• Data from the Occupational Safety and Health Administration estimates back injury claims cost an average of $40,000 to $80,000 including medical bills, wage loss benefits and more.
• The National Council of Compensation Insurance reported that average workers’ comp settlements were valued at $37,000 for low back injuries and $33,000 for claims involving upper back injuries.
• Another survey found the average settlement amount for back injuries at work was $23,600.

The average workers comp settlement back injury compensation could differ from the amount you receive because factors specific to your claim determine what it is likely worth. Some of the biggest factors that can influence the compensation appropriate for you include the following:

• The type of back injuries you sustain. There’s a big difference between injuries that cause a spinal fracture or permanent nerve damage versus a sprain you can heal from with a few weeks of rest.
• The extent of your back injuries. The more seriously your injuries impair your work ability and quality of life, the more compensation you should receive.
• The duration of your injuries. If your injuries persist for a longer period of time, you will receive a larger settlement to compensate you for the ongoing interference with your work abilities.
• The medical bills you incur. You should receive enough to cover past and future medical bills made necessary due to your injuries.
• How much income you lose. If you cannot do your job for a long period of time, or ever again, you should be paid more compensation due to the income missed.
• The strength of your case. If it is clear your injuries are work-related, this can result in an insurer being more generous with a settlement offer.

Working with an experienced workers’ comp lawyer can also help you to maximize the settlement you receive.

Your attorney can help you to gather the necessary evidence to show how badly your injuries damaged you so you can get the full payment you’re entitled to. Your lawyer can also negotiate on your behalf or represent you in a hearing, which can make a big difference in how much compensation you end up with.