Workers’ compensation is designed to make it easier and simpler for both employees and employers to resolve compensation issues when an employee suffers a work-related injury, especially something as potentially serious as a neck injury.
The average lump sum workers’ comp settlement is about $21,800. That figure represents the general average for all injuries, not the average workers’ compensation settlement for a neck injury.
Average Workers’ Compensation Settlement For Neck Injuries
The average workers’ comp settlement for neck injuries, in particular, remains ambiguous.
Nevertheless, with a basic understanding of how workers’ comp operates, it should be possible to come up with a ballpark figure on the likely amount of your worker’s comp settlement for neck injuries.
When it comes to weekly disability payments for a neck injury at work, compensation is much easier to accurately calculate, as long as you know your weekly wage.
Most Common Types of Neck Injuries
Although many different types of work-related neck injuries are possible, the most common are:
- Pinched nerve
- Cervical dislocation
- Cervical sprain/strain
- Herniated disc
- Neck fracture (broken neck)
Steps to Take Immediately After a Neck Injury
After a neck injury, you should take the following steps as soon as possible, to preserve your chances of winning compensation and to maximize the amount of any compensation you do receive.
- Seek medical attention, and tell your doctor that your injury is work-related.
- Report your injury to your employer.
- Submit written notice of the injury to your employer.
- Keep a record of all missed days of work as well as all out-of-pocket expenses.
- Contact a workers’ comp attorney for help. Remember, your choice of attorney might turn out to be the most important decision you make in your entire claim.
Workers’ Compensation Neck Injury Settlements: Classifications
Workers’ comp neck injury settlement benefits can be classified as follows:
Lump Sum Settlements
If you must take off more than four months due to a work injury, and if you are receiving weekly disability benefits at that time, you are eligible to negotiate with the insurance company for a lump sum payment. A lump sum settlement can compensate you for medical expenses, lost wages, or both. You can also negotiate, for example, a lump sum medical expense payment along with weekly wage replacement benefits.
To break it down, workers comp settlements for neck injuries can be classified as follows:
- A lifetime medical award: This type of settlement will compensate you for your past, present and future medical expenses, all at once. How much it amounts to depends on the details of your condition.
- Lump sum wage replacement: Workers’ compensation neck injury settlements for lost wages will compensate you for your past, present, and future lost wages in a single lump-sum payment. However, it will also end your weekly workers’ comp disability checks. You can calculate a ballpark figure if you know how much your disability payments are and how long they are likely to continue.
- Vocational Rehabilitation: If your neck injury is severe, you may need to change careers. Vocational rehabilitation benefits include non-cash job training and counseling services.
- Death Benefits: Pennsylvania workers’ comp offers death benefits to eligible family members of employees who die because of work-related neck injuries that are comparable to weekly employee benefits.
Although weekly payments are based on a variable annual rate schedule, you can negotiate a settlement that deviates from it. Following, however, is a summary of the formal rate schedule for 2019.
Workers’ Compensation Rate Schedules For Neck Injuries (2019)
Workers’ comp weekly payments for lost income are designed to replace your lost income arising from your neck injury.
The system works like this:
- The maximum possible weekly compensation, regardless of the amount of your wages, is $1,049 per week.
- If your weekly wages are between $786.76 and $1,573,50, you will receive two-thirds of your weekly wage.
- If your weekly wages are between $582.78 and $786.75, you will receive $524.50 per week.
- If your weekly wages are less than $582.78, you will receive 90 percent of your weekly wage.
- If you are only partially disabled, your compensation will be based not on your total wages before you were injured, but on the total amount of wages, you are losing every week due to your partial disability.
Contact KK&O To Be Your Neck Injury Settlement Lawyers
If you suffered a neck injury at work, or if you suspect that your neck injury is work-related, contact Krasno, Krasno & Onwudinjo for a free case consultation.