Back injury is a common type of injury in the workplace that leads to failure of normal movement of the back. Back injury often causes acute to chronic pain, which can be an issue for suffering in the lifetime. It can happen because of lifting, pulling, pushing, and loading. Sometimes sitting and standing may also cause back injury if these are not supported ergonomically. Additionally, there are different causes of the back injury –
- Spinal Cord Damage
- Fractured Vertebrae
- Lower Back Strain
- Pinched Nerves
- Herniated and Slipped Discs
- Soft Tissue Damage
- Ligament Damage
- Tendon Damage
Treatment of Back Injury
The treatment of back injury can be mild to extensive. For mild treatment, doctors may recommend taking pain and inflammation reducing drugs. For severe pain, the doctor may also recommend more powerful drugs to reduce pain. These types of drugs are highly costly and there are also health risks of taking these medicines. Thousands of workers suffer from a back injury derived in the workplace. So it is a common issue to bear the back injury treatment cost, and it is important to know the worker’s comp settlement back injury.
Workers’ Comp Settlement For Back Injury
Workers’ comp settlement back injury is a statement of the amount to bear the medical and other costs related to the injury. It is an agreement paper that settles any dispute regarding the back injury claim amount. The injured worker receives a stated amount in negotiation by the insurance company to make sure he has to bear the medical cost already spent and future cost that may arise for the case of injury.
The company arranges workers comp settlement back injury in line with purchasing coverage from the insurance company and the insurance company will make this workers comp settlement to meet the related costs induced by injury. However, the injured can sign the settlement if he accepts the amount as a fair amount enough to bear the back injury cost. There is no obligation to sign the settlement forcefully.
Types of Workers’ Comp Settlement Back Injury
Back injury is not the same according to severity. Sometimes, the injury may be mild or temporary, and in some cases, the injury may be a permanent disability. Additionally, the injured worker may have to suffer for a long-term basis.
Temporary Back Injury
When the injury is not permanent that defines a worker stays from any type of work, the worker can get compensation which is really high. On the other hand, the worker may have a possibility to return the work in case the severity of the injury is less. In this case, the employer surely wants to offer their worker jobs, which are much easier to carry out and light in nature.
The worker may take this chance and start the job again because the worker needs a permanent income source. But this may be found that the employer may have another will to reduce the compensation amount through their insurer.
However, this can be a good decision for both workers and employers to stay on a mutual in compliance with the law. It reduces the hassle from both sides. But the worker may come back to the respective department and he/she still needs to take medical care. In this case, the employer will pay the compensation explained in the settlement.
Permanent Back Injuries
The severity of the injury may vary because back injury won’t be the same at all. Workers can get compensation against back injury claims based on permanent disability. The amount of the settlement can be high because there are different related and supporting facts are brought to consider permanently. However, this amount may be up to 400 weeks, and they pay a lump sum based on negotiation.
Repetitive Motion Long term Injuries
Even the workers are capable to continue the jobs but it is one of the most complicated issues when the worker feels pain in the back while working in the workplace. It is important to note that there is less documentation to back injury claims. In this case, the employer will seek a different path, considering that this back injury is derived from other sources not related to the work injury. When the workers will get help from the attorney, the work injury attorney will craft the case according to the claim settlement in a legal way.
What Is Value of the Back Injury Claim?
There are economic and non-economic issues of the damage and back injury claim can be in various amount. These include medical bills lost income and wages, pain and suffering, and so on.
Economic Compensatory defines that it is an actual financial loss faced by the injured. It is also a type of financial loss that you cannot carry on and you must need to get this amount.
The medical condition of an injury may not be static indeed. Today the condition is good enough but tomorrow the condition may be different. The money is spent according to the condition of the injury. More importantly, the injured has to go for surgery if they face serious type of back injury. For example, a herniated disc a type of surgery cost about $6, 000.
The injured may have to go through physical therapy, which will cost $100 per session. X-ray is another important test that is required to make sure for minor strains and sprains that may be from $100 to $1000. But there is no limit to spending dollars if the condition is about paralysis type. Here, the compensation stands in a big amount.
Lost income and Wages
Surely after an injury, you are absent from work and you are entitled to get compensation on lost income. The key factors to calculate lost income are your salary history and the amount of the work that you didn’t meet up. It may include sick time and vacation time in the settlement amount.
Non-economic compensation is highly known as the indicators to monetary losses faced by injured people. These non-economic damages can reduce your productivity.
Pain and Suffering
Pain is really painful to bear when someone is injured. It may be included in the medical bills and lost wages and it also may be multiplied by a set of number 1.5 and 5. Sometimes or according to the nature of the injury, the multiplier can be higher like 10.
Emotional distress is a really critical condition of injured people because they have to suffer trauma for a long time. This may be assessed based on state law.
Loss of Consortium
In some states, there is a loss of consortium for any back injury. The injured people surely miss the sexual relationship if he is married, the injured people will surely miss the family members and dear ones which is also considered as financial loss which may be included in the settlement. There are different rules according to the state. The affected family members will sue separately for loss of consortium damage.
Back Injury Average Settlement
It is difficult to determine the back injury average settlement. Obviously, there are some factors in your injury which may change in the future for taking medication.
So the amount will depend on the type of injury and it is important to know what type of benefits the insurance company will pay if you don’t settle the issue right now. But the worker may claim to include all factors to make an average back injury settlement.
What Is The Average Settlement For a Work-Related Back Injury
Workers’ comp settlement for back injury is the litigation process to get a fair amount after filing this claim. The employers may voluntarily settle this back injury claim filing, and most of the workers don’t have to face any hassle if they get in this process. But the reality may be different when the employers are not willing to pay what the workers raise their back injury claim. According to research, about 75% of the back injury claim is settled either by the employer or by the court order. However, some percentage of the back injury claim is not settled for different reasons.
In fact, they know the average back injury settlement as nothing else, but it is only about back injury claim settlement. However, different people have a different reality with work-related injuries, and the benefits are also different. Back injury can be permanent, temporary and long term and the back injury compensation will vary according to the medical condition. Another issue of the back injury is the rehabilitation process in case the victim needs to take time for surgery or physical therapy.
Common Reasons For Denying a Back Injury Settlement Claim
It will think the Insurance Company will deny the compensation for a back injury claim for different reasons. But normally it is found that 6 out of 10 claims are settled from the very start. Additionally, the insurance company will look for any discrepancy of the information provided in your claim. However, here are some possible reasons that the injured worker may lose compensation. Sometime very simple reason are liable for workers compensation deny.
A worker has been injured and he/she waits for medical treatment or other reasons. This can be a reason to discard the claim by the insurance company. There are some evidence and witness of the injury in the workplace which are possible to record if it goes on an instant basis. After a time, these records may not be available for any delay by the injured worker. So the injured worker should report the injury and make a claim as soon as possible within a timely manner to make the injury authentic.
Not Severe to Take Medical Help
Medication for the serious type of injury costs a high amount. If the injury is about light in nature, the insurance company will deny paying compensation. But the real fact is that this injury, in spite of being light, should be well tested and checked by the registered physician. This light injury may make the worker suffer the injured in the long run. So if someone is injured in the workplace. He should meet the doctors and how the level of severity should be ascertained. If it is severe, the injured need to collect papers from the doctor to ensure back injury claim.
Injury Caused By Other Factors
The insurance company may claim that this injury is not in the workplace where their coverage is there. Additionally, the insurance company may explain that this injury is not an injury that happened in the workplace. It is from outside and the claim is not true. If the injured explains the injury in a manner where there is no clear description of the workplace, they may deny the claim. So it is important to note that while filing claims, the description of the workplace will be explained in a proper way.
Fabrication of Injury
It is good to explain exactly what has happened in relation to injury. Any overstatement of the injury claim may disqualify for the compensation. The victim may find that he has an injury, and it is really so severe. However, the injury is not severe according to the doctor’s statement. Here, the claim is to be denied by the insurance company.
Preexisting Back Pain
Most of the cases, the insurance company, will check the paper of the injury very carefully to make sure if it is derived by the workplace. There is no way to explain the injury that existed previously. Therefore, the victim should explain the injury that is only related to the workplace. Some workers may find to look for a good amount even if they had back pain previously.
What May Happen If Compensation Is Not Settled?
There is no guarantee to get workers’ comp back injury settlement if someone does not settle this issue. But some states have some rules and regulations on the insurance company to make them pay you until the case of workers’ comp back injury settlement is not settled. If the injured get a comp, that will depend on the case of the injury. The insurance company will pay the amount as long as the injured needs to spend on medication like therapy, surgery, and other treatment purposes.
Get the Attorney’s Help
Employers will take the necessary steps to process workers’ comp settlement back injury. Good companies follow up with the injured worker while taking treatment. It is an employer’s ethical duties. But the workers don’t get the fair value of the compensation. Everywhere from the company to the insurance company will seek fewer payment options for business purposes. Sometimes, the employers may neglect and ignore the back injury issue which can lead to a permanent disability of the worker.
However, a third party lawsuit can be a good option to get a fair amount of the worker’s comp settlement back injury. Additionally, there are attorneys who are ready to deal with your case. They can provide you with the exact suggestions even if you are late to proceed with the case. The chance of getting payment like medical, chiropractic, physical therapy, and surgery cost is much more when you are going with an attorney’s help.
Back injury is a serious type of injury. If someone gets injured and feels pain in the back, it is important to take the necessary steps to make sure they can get workers’ comp settlement back injury. Any negligence and delay may be the reason to lose the back injury compensation.