The problem with back injury claims is that, in many cases, pain and physical discomfort are the only symptoms. This makes it difficult to gather objective evidence without a dedicated workers’ comp attorney by your side.
A lawyer answer these common questions about your back injury claim
- What is the average workers comp back injury settlement?
- What excuses might the insurance company use to oppose my claim?
- What are the most common types of back injuries?
- What are the most common occupational causes of back injuries?
But since you don’t have a lawyer just yet, we’ll answer these and more for you below.
What is the Average Workers Comp Back Injury Settlement?
The short answer is somewhere between $20,000 and $25,000, according to Martindale-Nolo research. Although about three-quarters of all claimants eventually receive at least some compensation, it takes an average of about a year and a half to receive it.
Although the Occupational Safety & Health Administration (OSHA) estimates that the average cost of a back injury-related workers’ comp claim amounts to $40,000 to $80,000, remember that the $20,000 and $25,000 figure applies to lump sum settlements only.
Many of these settlements apply to medical expenses only, and they do not include any weekly workers’ comp wage replacement payments that you may have received.
Revealingly, over 70 percent of claims were denied initially, including well over 60 percent of all successful claims. Nearly half of those who were eventually awarded benefits were forced to request a hearing or even file a workers’ comp appeal. In other words, initial rejection is typical — and persistence pays.
What excuses might the insurance company use to oppose my claim?
As mentioned above, workers comp settlement amounts for back injuries are usually denied at first.
All told, the most common reasons for denial of a workers comp payout for a back injury are:
- Pre-existing injury (the most common reason)
- Failure to meet a filing deadline
- The injury was not work-related
- The injury was not serious enough to justify compensation
- The injury was fabricated to begin with
“Your injury was your own fault” and other employer excuses are normally not successful defenses against a workers’ compensation claim. We have heard all of these excuses many times over, and we know how to fight back.
The average workers’ comp settlement for a back injury is not what concerns us. What concerns us is the maximum amount we can secure for you.
What are the most common types of back injuries?
The most common types of back injuries include:
- Disc problems such as herniated discs, ruptured discs, slipped discs, bulging discs, and degenerative disc disease. Spinal discs are cushions between your vertebrae. When they malfunction the symptoms can include pain, numbness, and weakness in your arms and legs.
- Degenerative joint disease occurs when the cartilage on the top of your spinal bones are worn down. This can happen gradually over time or as the result of an accident., Symptoms include pain, swelling and weakness in the arms and legs.
- Sciatica is caused by a pinched nerve. Symptoms include a shooting pain, numbness and tingling down the legs.
- Spinal stenosis refers to the narrowing of the spinal canal that houses the spinal cord. Symptoms include pain, numbness, and weakness in the extremities.
Treatment for any of these conditions can be very expensive.
What are the most common occupational causes of back injuries?
The occupational causes of back injuries are too numerous to list here. Some of the most common causes, however, are listed below.
Heavy Manual Labor
Manual labor while physically exhausted and package delivery work
Sitting at an improperly fitted computer workstation for hours on end
Driving Long Distances
This is common in the trucking industry.
Operating Heavy Equipment
Remember that in most workers’ comp claims, it is irrelevant whose fault the injury was — you can receive compensation either way.
Contact Krasno, Krasno & Onwudinjo To Discuss The Settlement Amount For Your Back Injury
Knowing what the average worker’s comp back injury settlement is won’t tell you for sure how much you as an individual are going to receive.
Since these figures are averages only, the amount you receive will depend on the facts of your case, as well as the skill and dedication of your lawyer.
The occupational injury lawyers at Krasno, Krasno & Onwudinjo handle claims like this daily, and we know all the tricks the insurance company uses to deny your claim or goad you into accepting far less than what your claim is worth.