What Is The Average Settlement For A Back Injury Workers Comp?
Dealing with a back injury at work can be challenging, especially when you're trying to figure out the potential workers' comp settlement for back injury you might be entitled to. If you or someone you know is facing a back injury and wondering about the average workers' comp settlement in Monroe, Ruston, or nearby, understanding your options is crucial to getting the workers' compensation you deserve.
Even in Monroe, back injuries are one of the most common workplace injuries and can vary from minor strains to serious conditions requiring surgery or long-term care. When it comes to workers' comp settlements in Louisiana, several factors will influence the amount you could receive, including the severity of your injury, how it impacts your ability to work, and your medical treatment costs.
In Monroe and nearby Ruston or Sterlington, workers' comp settlements for back injuries can vary widely. On average, you might receive back injury compensation that covers medical expenses, lost wages, and even long-term health effects. However, each case is unique, so it’s important to seek personalized advice from a local personal injury lawyer familiar with the specifics of Louisiana workers' comp laws.
Whether you're in Monroe, Ruston, or Sterlington, navigating a back injury claim can be complex. Don’t go through it alone—getting the right guidance can make a significant difference in both your settlement and recovery.
Back Injury Workers Comp Settlement
When someone injures their back on the job and begins the recovery process, one of the common questions they have is about the potential workers' comp settlement amount.
This question often arises, and as a seasoned workers' comp attorney in Monroe, LA, it's important to know that there isn't a one-size-fits-all answer for back injury settlements. Each case is unique, and so is every injury. While providing precise estimates without knowing specific details of an injury is challenging, average payouts for back injuries can be shared based on comprehensive research from various organizations and third parties.
What Is The Average Workers' Comp Settlement For A Back Injury?
As I mentioned, it's difficult to predict what amount of money you stand to receive in your back injury settlement in a workers' compensation case before going through the process in earnest.
That said, we can at least shed some light on what workers have received in recent years.
According to Martindale-Nolo research, the average back injury settlement was somewhere between $20,000 and $25,000. About 75% of all claimants eventually receive some compensation, but it can take roughly a year or so to receive it.
Data from the National Council of Compensation Insurance (NCCI) are consistent with Martindale-Nolo's findings. The NCCI found that the average workers' comp insurer costs for a low back injury were $37,000 and $33,000 for a claim involving an upper back injury.
The Occupational Safety and Health Administration's (OSHA's) data also suggests that the average cost of a worker's comp back injury claim is between $40,000 and $80,000 per employer. This amount includes medical treatment, medical costs, medical bills, wage loss benefits, vocational rehabilitation services provided when the case remains open, and a negotiated settlement.
According to a survey conducted by Lawyers.com, the average settlement compensation for back injuries in workers' comp cases was $23,600. It can take a while to get a settlement, however.
What Are The Most Common On-The-Job Back and Spinal Cord Injuries?
Back pain is a familiar struggle for many people, and if you haven't personally dealt with it, chances are you've met someone who has. Our backs are intricate structures with muscles, ligaments, and bones all working together. They’re crucial for supporting our bodies, but they’re also quite vulnerable to injuries.
Here’s a look at some common back and spinal cord injuries that often occur on the job:
Sciatica: This is a widespread issue where pain radiates along the sciatic nerve, which runs from the lower back down through one or both legs. Sciatica usually results from a herniated disc or a bone spur pressing on a nerve, causing pain that can be intense and debilitating.
Spinal Stenosis: This condition involves the narrowing of the spinal canal, putting pressure on the spinal cord and nerves. It commonly affects the lower back (lumbar region) and often results from age-related wear and tear. The narrowing can cause discomfort and restrict movement.
Lumbar Fractures, Strains, and Sprains: These are among the most frequent types of back injuries. A slip and fall or other work-related accident can easily result in damage to the lower back. Injuries like these may lead to significant discomfort and may require time off work for recovery. If the injury is severe, it might also result in a claim for temporary total disability.
Bulging, Degenerative, or Herniated Discs: The discs in your spine act as shock absorbers between the vertebrae. When a disc is squeezed or forced out of its normal position, it can bulge or herniate. This condition often presses on nearby nerves, causing pain and sometimes leading to sciatica. These injuries can significantly impact daily activities and work performance.
Understanding these common injuries can help in identifying symptoms and seeking appropriate treatment. If you’re dealing with a back injury from work in Monroe or nearby, it’s crucial to get professional medical and legal advice to navigate your recovery and compensation options effectively.
Common Causes of Occupational Back Injury
In 2019, the Bureau of Labor Statistics found that 97,990 employee-reported back injuries were caused by overexertion of some kind while lifting or lowering. Lifting and lowering actions primarily caused back injuries or impairment.
Here are some other common causes of back injuries at work:
Manual labor
Repetitive Tasks
Driving Long Distances
Operating Heavy Equipment
Factors That Determine The Value of a Back Injury Settlement
The value of your back injury settlement will come down to several key factors. These factors include:
The type and severity of your back injury. More than anything else, the nature and severity of your back injury will determine what amount of compensation you get. Spinal cord injuries are typically more severe than other types of back injuries (sprains or soft tissue damage). Thus the payouts tend to be on the higher end. Also, more severe injuries may result in more time off work and potential disability for extended periods.
If you can't return to work due to the injury. If your back injury prevents you from earning income, that amount will be factored into the value of your injury settlement payout. Generally-speaking, the more time away from work, the higher the settlement amount.
Medical expenses. Any bills or ongoing medical expenses associated with the workplace injury may be factored into the settlement. Costs may include surgeries, medications, physical therapy, rehabilitation, in-home care, for example.
Disability. If your back injury resulted in disability, you might get a higher settlement. And if the injury left you with a permanent disability, there would be an increased amount of workers' compensation benefits available.
These are just a few of the factors that can influence your settlement outcome. Each one will be discussed thoroughly during the negotiation phase with a workers' compensation insurance claims adjuster.
An experienced workers' comp attorney can help make sense of the facts and steer negotiations towards the ideal outcome for you.
Types of Back Injury Settlements
Louisiana state legislature §1271 says it is the right of parties to settle or compromise. In other words, settlements are entirely voluntary: the injured employee cannot force the insurance company to settle, and vice versa.
Under state workers' compensation law, there are two main types of settlements of claims.
Lump-sum settlement agreement: A lump sum settlement, as the name suggests, is a discrete, one-time payment from your employer or its insurance company. A lump-sum is usually the result when there is no real dispute about whether a claim is valid or not.
Compromise settlement agreement: A compromise settlement is the most common type of settlement. Unlike a lump-sum, a compromise resolves a dispute between the employee and the insurance company about how much compensation the injured worker is owed.
Lump-sums and compromise settlements are the most common in Louisiana, but there are a few less common types of workers' comp settlement agreements to understand.
Structured settlement: A type of compensation where the injured employee is paid in smaller, discrete fixed payments over time, potentially in the months or years time range.
Combination settlement: A type of compensation where it is agreed that only part of the claim is compensable, while the rest is disputed. A combination settlement is a combination of a lump-sum and a compromise settlement agreement.
Partial settlement: A partial settlement is where specific individual claim components are settled, while others aren't.
What is the Difference Between a Settlement and a Verdict?
The difference between a settlement and a verdict is simply who decides the outcome of the case.
A verdict decision happens in a court proceeding; a judge or jury issues a verdict after a trial. A settlement is a voluntary agreement between two parties that takes place outside of court. It's typically in everyone's best interest to settle before going to trial.
Possible Reasons for Denial of a Workers' Comp Payout
The workers' compensation system is meant to support injured workers. Here are a few situations when worker's comp benefits for a back injury aren't a viable option:
If there is a pre-existing injury on the medical record (the most common reason)
If you miss an important filing deadline
If the injury wasn't work-related
If the injury wasn't serious enough to warrant compensation
If the injury was not legitimate (if it was fabricated)
There is a lot to keep track of in the process of filing a workers' compensation claim. The legal advice from an experienced workers' compensation lawyer can help you at every stage of the process and reach a fair settlement for your back injury.
Contact A Monroe Workers' Compensation Attorney To Discuss Your Back Injury Claim
While not every workers' compensation case results in a settlement, many do. At Bruscato Law, based in Monroe, LA, we’ve guided numerous car accident victims and injured workers from Monroe, Ruston, and Sterlington through the process, helping them secure settlements that cover their injuries comprehensively.
Navigating a workers' compensation claim for a back injury can be complex, but you don’t have to face it alone. Our team is here to help you understand every aspect of your case, from medical and disability benefits to covering medical expenses and legal steps.
Don’t wait—reach out to Bruscato Law Firm for a free consultation to discuss your back injury. Call us toll-free at 318-855-1613 or visit us online. Let’s work together to get the compensation you deserve.