What Is The Average Workers Comp Back Injury Settlement?

What happens if you hurt your back at work? Should you file a lawsuit against your employer? 

No. Rather than filing a suit, you must make a workers compensation claim with your employer’s insurer. While you may not be able to recover all the types of damages that you could in a personal injury claim, you won’t need to prove negligence, which is a huge plus as it’s quite a feat. 

You’re probably wondering what is the average workers comp back injury settlement. This is understandable as many people tend to lose their minds on whether the money they receive will be substantial enough to ensure financial security during their recovery. 

Continue reading to learn what is the average workers comp back injury settlement. 

What losses are covered in a workers comp settlement?

It depends on the circumstances, but generally, you can expect to receive compensation for:

• Medical costs, including treatment and medications
• Permanent or temporary total disability benefits if you lose your wages or earning power during your recovery
• Vocational rehabilitation in case your injuries are preventing you from returning to your old job
• Death benefits for the surviving family in the event the injury is fatal

In some instances, the employer’s insurance company will pay your bills temporarily while you’re recovering before closing the claim. Still, it’s a lot more common for insurers to offer full settlements before closing the claim.

When it comes to the settlement, the insurer may pay it out as a lump sum settlement that fully compensates you for all the losses caused by the injury. Alternatively, you can also receive a structured settlement where you’ll receive the same amount of money over time. 

There are no set settlement amounts. You and your attorney will negotiate a settlement for your injury with the insurer. If you can't agree on the appropriate amount, you will attend a hearing in front of an administrative law judge. The judge will decide on the amount necessary to cover your damages using the facts presented.

How much money can you recover for your back injury?

So what is the average workers comp back injury settlement?

This question matters because you don’t want to accept an amount that isn’t adequate to address the full extent of your damages. Many workers have made this very mistake and were shocked to find out they ran out of options because they settled the case after receiving the first offer. 

While each case is different, there are average amounts for back injuries that can give you an idea of how much you can receive. If you want to get a closer approximation of how much money you can recover for your back injury, you should talk to a workers comp lawyer.

For an average upper back injury, you can receive around $17k in medical and another $17k to cover lost wages, totaling  $34k or so. With lower back injuries, medical costs are pretty much the same, with the only difference being compensation for lost wages that averages at $19k. This makes sense as it takes slightly longer to recover from lower back injuries. 

It’s worth noting that these amounts use a large data set. The average is created by adding up the total number of claims, both large and small. They don’t account for the claim type or extent of the injury. For instance, other data sets place the average settlement for a back injury at around $23k, so take these numbers with a grain of salt. 

Factors that can affect your workers compensation settlement

The settlement you receive could very well exceed the average amount we discussed above. Many factors determine your claim’s worth, some of which include:

• Type of injury: there’s a big difference in costs of treatment or recovery time for permanent nerve damage and spinal fractures as opposed to a simple sprain that requires just a few weeks of rehabilitation.
• Extent of the injury: naturally, the longer the recovery time and the bigger the effect of the injury on your life, the higher your settlement will be. 
• Amount of medical bills: your settlement should be high enough to cover all the medical costs you incurred. This includes both past and future medical bills. 
• Loss of income: the amount of money you lose due to missing work will directly affect your settlement. In some cases, you may not be able to return to the same job, and the settlement will reflect that.
• Strength of your case: insurers often try to undervalue claims where there are doubts if they’re work-related. If your case is as clear as day and you have considerable evidence like video recordings or witness statements, the insurer is more likely to be generous with the settlement offer. 

You can also maximize your claim by working with a specialized workers compensation attorney. They can take care of all the intricacies of filing a claim, gather the evidence, and ascertain the complete amount of damages. An attorney can also protect your interests by negotiating with insurers on your behalf. In most cases, insurers don’t want to go head-to-head with lawyers and are inclined to offer a favorable settlement. 

Do you need help with your claim?

Even though you’re aware of what is the average workers comp settlement, there is no guarantee your claim will be straightforward. This happens even in cases where there is plenty of evidence. 

Since it’s impossible to predict what to expect, you should do everything you can to protect your legal rights. Here at the Law Offices of RITE, we have decades of experience handling workers compensation claims. In our illustrious career, we’ve seen all the ways claims can go wrong, and we’re ready to help you overcome any challenge that comes your way. 

We work on a contingency basis, so you don’t have to worry about any fees. We’ll only get paid upon securing a favorable outcome for your case. 

Call (904) 500-RITE (7483) or shoot us an email at info@rite4justice.com to schedule a free case evaluation. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.