If you experience a work-related neck injury, you may be eligible for benefits under Pennsylvania’s workers’ compensation system. The financial award you receive might include your past and future medical expenses, lost income, or serious and permanent disfigurement. To claim these possible benefits, you may need to notify your employer, seek medical attention, and follow your doctor’s recommendations. You can also talk to an attorney to help you understand what a settlement package might look like in your case.
At Krasno, Krasno & Onwudinjo, our Pennsylvania workers’ compensation lawyers are incredible advocates who leave no stone unturned when fighting for their clients. We devote 100 percent of our practice to helping those injured and unable to work. Our tireless advocacy has helped over 300,000 workers successfully pursue compensation for their injuries.
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How Frequently Do Work-Related Neck Injuries Happen?
According to the Pennsylvania Workers’ Compensation and Workplace Safety Annual Report (published in 2022), approximately 1.8 percent (or 3,046) of workers’ compensation cases were for neck injuries. Of those claims, about 1,985 were for sprains and strains. Those in the education and health sectors (e.g., teachers, nurses, and EMT workers) had the highest number of neck injuries in 2022, totaling 1,003. Trade and transportation workers experienced the second-highest amount (729), followed by those in the manufacturing sector (320) in that same year.
Common Types of Job-Related Neck Injuries
There are many complex structures in your neck, any one of which is vulnerable to injury during a workplace accident or because of an illness. Examples of neck injuries experienced by employees include the following:
- Whiplash from a workplace car crash,
- Neck fracture from a trip and fall or being struck by falling inventory,
- Pinched nerves from getting hurt by heavy machinery, and
- Sprained neck from a slip and fall.
Additionally, degenerative diseases can cause painful and limiting conditions like arthritis (or spondylosis). Damage to someone’s neck can also lead to other harm, such as paralysis, headaches, facial pain, difficulty breathing, or the inability to swallow. As explained by the Mayo Clinic, the person may also experience muscle tension, spasms, or limited head mobility.
What Is the Average Settlement for a Work-Related Neck Injury?
Each year, the National Safety Council reports on the average cost of work injuries according to nationwide data from participating states. Based on their 2022 report, the average settlement for a neck injury was $30,404 for medical care and $28,987 for wage loss in 2019-2020. But this shouldn’t be taken as a guarantee in all situations.
The settlement someone might receive in a particular case depends on many factors, such as the following:
- The applicable law,
- Their impairment rating,
- The type of neck injury they experience, and
- How quickly they file their workers’ compensation claim.
What one person receives may differ greatly from what someone else does, even if they appear to have the same injury. The most accurate way to estimate someone’s settlement is to talk to a seasoned Philadelphia workers’ compensation attorney. They help people determine what they might expect in job injury benefits. Lawyers also assist hurt workers by guiding settlement negotiations between the employee, their employer, and their employer’s insurance company. If these talks are unsuccessful, they can take legal action (such as by filing a claim petition) to maximize the worker’s chance of receiving benefits.
What Should You Do if You Hurt Your Neck at Work?
If someone damages their neck because of their job, there are steps they can take to help protect their physical health and their right to compensation. The first step is to seek medical attention to identify and treat their condition. Then, they should notify their employer about the incident. After this, they should follow their doctor’s recommendations (or get a second opinion if they disagree with their physician). Finally, they may benefit from talking to a workers’ compensation lawyer to help them understand their options and estimate their settlement.
Seek Medical Attention
Seeking medical attention is critical to protecting your physical health. Seeing a doctor also helps create a paper trail to support your claim that your neck pain or condition is work-related. Your physician can put a note in your chart describing where the injury came from. You can reference this later to support a request for workers’ compensation.
Notify Your Employer
Under Pennsylvania law, you must notify your employer within 21 days of the workplace accident. You may have up to 120 days from when the injury occurs or from when you discover your condition is work-related. The best practice is to tell your employer as soon as you think you’re hurt. This helps ensure you meet your deadline and preserve your right to compensation.
Follow Your Doctor’s Recommendations
During your healing process, continue to follow your doctor’s recommendations. This might help you recover and strengthen your claim for compensation. The insurance company may look for any possible reason to deny your claim. If they find out you didn’t do what your doctor told you to do, the insurer may try to use this against you. You can protect yourself against this by doing what your doctor recommends. Of course, if you disagree with your physician, you may also be able to get a second opinion.
Talk to an Attorney
You may benefit from talking to a lawyer for workers’ compensation who regularly handles these types of cases. They can estimate your settlement and negotiate to help get you the maximum benefits under the law. If your employer or their insurer denies your claim or won’t agree to a fair deal, the attorney can help you take steps to challenge this.
What Benefits Can You Receive if You Hurt Your Neck at Work?
The average workers’ comp settlement package for a neck injury might include the following:
- Money to cover the employee’s related, necessary, and reasonable medical expenses,
- Benefits to compensate for lost income or earning potential, and
- Serious and permanent disfigurement (specific loss) benefits.
Additionally, if the neck injury causes the worker to lose their life, eligible surviving family members (e.g., spouse, children, grandchildren) may receive death benefits.
Payment of Your Medical Expenses
Under Pennsylvania law, employers must pay the related medical expenses of workers hurt while on the job. In many cases, they need to cover this class of healthcare expenses even if the worker doesn’t miss a shift because of it. Additionally, employers would pay medical claims while the employee is healing. For this to apply, the workers have to prove that their medical expenses are reasonably related to their work injury. However, they must ensure the employer’s workers’ compensation insurance policy covers it before getting treatment.
Wage Replacement Benefits
Under Pennsylvania law, workers with neck injuries may be eligible for wage replacement benefits while they are hurt. What they receive, when, and for how long depends on the type of injury they experience, their impairment rating, and how they settle the claim. For example, a worker who has a partial disability may receive 66 and two-thirds of the difference between their earning potential now and what they made before the incident. They may receive payments for up to 500 weeks if they qualify for these benefits. Someone with a total disability would get compensation under a different schedule.
Serious and Permanent Disfigurement Benefits
If the worker qualifies for a serious and permanent disfigurement benefit, they may receive 66 and two-thirds percent of their wages for up to 275 weeks. To qualify, they would need to show that their injury severely impaired their appearance. Moreover, they must establish that something one would not expect to experience this disfigurement as part of their job. If they get this type of compensation, they may be ineligible for other forms of wage replacement benefits.
Death Benefits
Sadly, workers with severe neck fractures may die because of their injuries. In that case, surviving family members may receive death benefits, such as funeral and burial costs and a wage replacement settlement. How much they receive depends in part on their relationship with the worker.
The PA Workers’ Compensation Attorneys at Krasno, Krasno & Onwudinjo Can Help
Neck injuries can cause you significant pain and even leave you paralyzed because of the harm to your spinal cord. These conditions can cost you and your family significant amounts of money in medical expenses and lost income. But you may be eligible for benefits under Pennsylvania’s workers’ compensation laws.
For almost 90 years, Krasno, Krasno & Onwudinjo has championed workers’ rights throughout Pennsylvania. Our team includes Jason Krasno, a third-generation workers’ compensation lawyer whose dedication to this cause has earned him a place on the highly selective Super Lawyers list from 2012 to 2023. When you work with Jason, you get someone who is truly committed to getting you what you need to rebuild and recover.
If you experience a work-related neck injury, contact us today by calling 844-948-2338 to schedule a free consultation. We don’t charge you a penny in legal fees unless we win your case for you. And if you don’t win, we don’t get a cent in attorney’s fees.