Aug 2023

What’s the Average Workers’ Comp Settlement for a Back Injury?

A warehouse worker sits down while holding his lower back in pain.

Annually, over one million workers experience on-the-job back injuries, as reported by the Bureau of Labor Statistics (BLS). If you’re among those who suffer a back injury at work, you’re generally entitled to workers’ compensation benefits. These benefits, facilitated by your employer’s insurance, can help cover your medical expenses, partial wage replacement, and other economic losses related to your work injury.

However, workers often have a lot of questions about the extent of compensation they might receive for their back injury. What constitutes the average settlement for workers’ compensation related to back injuries? Determining the settlement amount and other factors that influence it can be complex.

Understanding these dynamics is crucial. How much you ultimately receive for your back injury depends on various factors, including the nature of your injury and its impact on your life. Seeking guidance from an experienced workers’ comp lawyer can help you navigate this process and ensure you secure fair compensation.

Workplace back injury settlements

The average settlement for a back injury in workers’ compensation cases typically falls between $40,000 and $80,000, according to the Occupational Safety and Health Administration (OSHA). However, it’s crucial to recognize that these figures merely represent an average range and don’t represent what you may be entitled to recover if you sustained a work-related back injury.

Actual payouts can differ significantly based on individual circumstances. Some individuals may receive less compensation for their work-related back injuries, while others could secure substantially higher sums. As such, it’s vital to avoid making assumptions and instead talk to a workers’ compensation lawyer who can calculate the value of your potential settlement.

Factors that can impact your claim

Numerous factors contribute to the value of workers’ compensation settlements for back injuries, including:

  • Severity of the Back Injury: The extent of your back injury plays a significant role.
  • Required Medical Care: The necessity for medical treatment, including procedures like back surgery, influences the settlement.
  • Future Medical Care: If you require ongoing medical attention or additional surgeries in the future, this impacts the value.
  • Recovery Time: The duration of time you need to recuperate and miss time from work contributes to the calculation.
  • Ability to Return to Work: A determining factor is whether you can resume work after the injury or face prolonged absence.
  • Pain and Suffering: The level of physical discomfort and emotional distress from the injury affects the settlement value.

All these aspects must be carefully evaluated to determine the appropriate compensation for your back injury.

What happens if you injure your back at work?

In most cases, you deserve full financial compensation for all the economic losses stemming from your back injury, such as:

  • Medical Expenses: This includes covering the cost of your back injury treatment, including provisions for future medical needs.
  • Income Replacement: You should receive compensation for the income you’re unable to earn while recovering from your back injury.
  • Lost Future Earnings: If the severity of your back injury hampers your ability to work in the future, compensation for potential lost income should be considered.

How is settlement value calculated?

When an agreement cannot be reached between you and your employer’s workers’ compensation insurance provider regarding the compensation for your back injury, a judge typically steps in to determine the amount you’ll receive.

In Massachusetts, these matters are frequently addressed by an Administrative Law Judge in the Division of Dispute Resolution, who is responsible for determining the appropriate settlement for your workers’ compensation back injury case.

Meanwhile, in Rhode Island, the resolution rests with an Administrative Law Judge within the Rhode Island Workers’ Compensation Court located in Providence.

How long do workers’ comp cases take to settle?

Times can vary widely from one back injury case to another, but most workers’ compensation cases generally take about 12 to 18 months to finalize.

To get a precise estimate, it’s recommended to have a conversation with your workers’ compensation lawyer. With their extensive experience in navigating the legal process and the intricacies of the workers’ compensation system in your state, they can provide you with accurate insights.

An attorney can help you navigate the workers’ comp system

Work-related back injuries can have a profound impact on your life and livelihood. Whether you’re facing piles of medical bills, lost wages, or the uncertainty of recovery, seeking help from an experienced work injury lawyer is crucial.

At the Law Offices of Deborah G. Kohl, our dedicated legal team is here to support you throughout the entire process. Our attorneys have a deep understanding of workers’ compensation laws in both Massachusetts and Rhode Island.

From dealing with insurance companies to addressing complex legal issues, we are committed to securing the best possible outcome for your work-related back injury claim. Contact us today for a free consultation, and let us provide the guidance and representation you need.

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