The average workers' compensation payout for back injuries is not a figure we can confidently rely on. While some numbers are available, we cannot say that these averages account for every workers' compensation payout. This is not a problem for you, though, because your only concern should be securing the workers' comp settlement you deserve.
A lawyer can do better than providing you with an average workers' comp settlement figure. Instead, your experienced workers’ comp attorney will calculate the exact value of the settlement you deserve. Your back injury and related losses are unique, so it's essential that you receive a tailor-made valuation from a workers' comp lawyer.
Average Figures Are Not Enough—Your Back Injury (and Workers' Comp Claim) Is One of a Kind
We do have some average figures regarding work-related back injuries, though we cannot be certain these averages capture the entire pool of injured workers. For instance, it's reported that:
- The average workers' comp claim for a lower back injury in 2020-21 was $39,328
- The average workers' comp claim for an upper back injury in 2020-21 was $35,439
These totals include both reimbursement of medical expenses and other losses often included in workers' compensation claims. While these figures may be enlightening, they can also be misleading because:
- The average can include both large and small settlements, and the average figure may not accurately reflect either
- We do not know the exact type of injuries these averages capture
- Someone seeing these figures might assume that they deserve between $35,000 and $40,000 for a back injury but can be entitled to significantly more or less
Fortunately, you aren't relegated to guessing the value of a workers' compensation claim based on crude averages. Instead, allow a lawyer to take a look at your case and provide a far more accurate valuation of your losses.
Work Injuries Are Often Expensive, and Back Injuries Can Be Unusually Complex
The total cost of work injuries in 2022 was $167 billion. The average cost per worker, when the worker sought medical treatment, was $40,000. Again, though, these are average figures that may be deceiving if you rely on them too heavily.
Back injuries can be especially unique when compared with other work injuries because:
- Back pain is the leading cause of disability worldwide, which suggests that back injuries are more likely than most to be disabling
- The back is a complex web of muscles, bones, and other components, which means that injuries may be particularly difficult to identify and treat
- Most jobs require some degree of involvement of the worker's back, meaning someone with a back injury may be unable to do their job unless healthy
If you know someone who has suffered a chronic back condition, you also know that back pain can be debilitating. These facts make it necessary that you receive the compensation you deserve through workers' compensation insurance or other means.
Disabling Injuries Are Unusually Costly for Injured Workers
You must consider that your back injury can qualify as a disability. Even if you suspect you will be able to heal, you should be cautious and assume the worst.
Disabling injuries are almost always more costly than non-disabling injuries because:
- A disabling back injury may prevent you from working again
- Even if you can return to work, a disabling back injury may limit your hours or roles (and limit your earning power as a consequence)
- Disabling injuries often require long-term medical care
- Disabling injuries may require you to purchase medical equipment, a wheelchair-friendly vehicle, ramps, handrails, and other items
- Being disabled can cause intense, long-term pain and suffering
Even if your back injury is not disabling, it can require extensive medical care and knock you out of work for a substantial period of time. A workers' compensation attorney will fight for the compensation you are entitled to because of your injury.
A Workers' Compensation Lawyer Will Determine the Exact Value of Your Back Injury
Rather than spending time looking for average settlement figures and speculating about your case value, go straight to a workers' compensation lawyer. Once you have identified a firm and attorney worthy of your trust, you can hire them. Your lawyer will:
Ensure the Accurate Classification of Your Injury
Though different states have different workers' compensation laws and guidelines, most classify work-related injuries into categories. These categories can directly affect how much compensation you are entitled to, and the categories may include:
- Temporary partial disability (TPD)
- Temporary total disability (TTD)
- Permanent partial disability (PPD)
- Permanent total disability (PTD)
Your workers’ comp attorney will consult your doctors and their medical experts. They will determine if your injury is permanent or temporary, and they will ensure that the insurance company recognizes the appropriate classification for your back injury.
Identify All Losses Resulting from the Back Injury
To accurately value your work-related back injury, your lawyer must know what losses have resulted from that injury. In addition to medical care, your lawyer will consider lost income, vocational retraining, and any other losses covered through workers' compensation.
Determine Whether the Workers' Comp Policy Pays for Some or All of Your Losses
Workers' compensation generally covers all medical expenses, a percentage of lost income, and certain other losses. That said, your lawyer will review the specific policy and question and determine exactly which losses that policy covers (and doesn't cover).
Determine How Long You Will Be Affected by Your Back Injury
The duration of your back injury symptoms is a key consideration when determining your case value. Your attorney will:
- Speak with the doctors currently treating your injury
- Consult any medical experts your lawyer hires to work on your case
- Monitor your recovery
- Make their best determination about how long you'll suffer from the injury
Your workers’ comp attorney will do what is necessary to determine the value of a fair workers' compensation settlement for your back injury.
Your Lawyer Will Also Fight to Obtain the Workers' Comp Settlement You Deserve
Assessing the value of your back injury is just one of many responsibilities an attorney can handle. Workers' compensation attorneys also:
Take Over Every Case-Related Responsibility
When you hire a lawyer after a work injury, you turn your claim over to them. Any paperwork, phone call, and every other case-related responsibility becomes your lawyer's duty. This should:
- Ensure that nobody can violate your rights or undermine your claim
- Grant you more time to focus on your recovery
- Spare you the psychological stress that comes with workers' comp claims
- Ensure no detail falls through the cracks, as there will be total clarity about who is responsible for your claim (your lawyer)
The results a lawyer may get for you is only one of the reasons to hire them. The peace of mind that comes with a lawyer handling your claim is, for many, priceless.
Become Well-Versed in the Employer's Insurance Policy
The details of your employer's workers' compensation policy are relevant. Your attorney will obtain a copy of that policy. They will identify coverage conditions, coverage limits, and every other detail relevant to your claim.
Lead All Communications with Insurers
With an experienced workers’ comp attorney handling your back injury claim, insurance companies will not:
- Bother you while you recover
- Convince you to accept a settlement that is not in your best interest
- Coax you into making any statements that harm your claim
- Be able to misrepresent the facts
The insurance company will deal with your lawyer, and your lawyer will ensure you have complete and accurate information.
Document the Injured Worker's Losses from Their Back Injury
Your lawyer must show the workers' comp insurance provider how much money you deserve, and that means proving your losses. Your attorney may establish those losses with:
- Medical records detailing your injuries, symptoms, and treatments
- Images of your injuries (which may include X-rays, MRIs, photographs, and other image types)
- Income statements from before the injury, which can show the value of your lost income since
- Any other documentation that illustrates the nature and cost of your covered losses
Lawyers know the types of documentation that insurance companies may find compelling. Your legal team will prepare for settlement negotiations by securing all available proof of your losses.
Negotiate a Settlement with the Workers' Comp Insurance Provider
There is a reason settling is the most common outcome for civil cases, and a common way that injured workers receive compensation for their losses. Settling is:
- Generally, the quickest way for workers with back injuries to obtain compensation
- Less expensive than legal action (though legal action is not always an option for injured workers)
- A way for all parties to reach a fair outcome
Your workers' comp back injury attorney will engage liable parties in settlement negotiations. If those liable parties offer a fair settlement, it may be the ideal way to resolve your claim.
Help the Injured Worker with Any Lawsuit They Choose to File
Some workers who suffer back injuries can file a lawsuit, typically against a negligent third party. For instance, you can sue:
- A motorist who struck your vehicle while you were working
- The manufacturer of defective scaffolding that collapsed
- Someone who physically assaulted you while you were on the job
If your employer did not have workers' compensation insurance (despite most states requiring most employers to have it), you may be eligible to sue them. Your attorney will weigh all relevant information and explain if you can sue.
Losses That Can Result from Work-Related Back Injuries
The immensely complicated nature of back injuries can mean a long healing journey for you. That journey can be expensive, and you may endure pain, financial uncertainty, and other serious challenges until you've reached maximum recovery (and perhaps even beyond).
Workers' compensation insurance generally covers:
- All medical costs resulting from the work-related injury
- A percentage of income the worker loses (often two-thirds of their average weekly earnings)
- Certain other losses, like vocational retraining
You should also receive fair compensation for any medical equipment and rehabilitation you need. Your attorney will identify and document all harm resulting from the back injury, and they will fight for a workers' comp settlement that covers those losses.
If you are eligible to sue, you may also receive compensation for pain and suffering and certain other damages. Trust an attorney to build your case and demand fair compensation from whoever owes it to you.
Can I Afford to Hire a Workers' Comp Lawyer After a Back Injury?
You can hire a workers' compensation attorney even if you face significant financial hardship. There are no hidden strings or catches—attorneys merely use a contingency fee structure that works for both the lawyer and their client.
In a contingency fee arrangement for a workers' compensation claim, you:
- Find the lawyer who is most qualified to represent you
- Agree that the lawyer will claim a percentage of any settlement or verdict they obtain for you
- Let the law firm pay to complete your case
- Are not financially liable if your lawyer does not secure compensation for you
Under no circumstance will you pay out-of-pocket for your back injury lawyer. This fee structure means that every worker with a back injury can afford the benefit of hiring a lawyer.
Questions You May Have After Suffering an On-the-Job Back Injury
Some questions you may have after suffering a work-related back injury include:
Can I Sue for a Work-Related Back Injury?
You may be eligible to sue a liable third party for your injury-related damages. Your lawyer will discuss this possibility with you.
How Long Will My Case Take?
The timeline for workers' comp claims and lawsuits varies. Your attorney can give you a more precise timeline after gathering the facts specific to your case.
Hire Your Workers' Compensation Lawyers as Soon as Possible
Consider your health and the many benefits an experienced Workers' Comp lawyer provides. Don't delay, consult with a workers' compensation lawyer in your area about your back injury to get a clear idea if you have a claim. Consultations are free and come with no obligations or risks, so speak with prospective firms as soon as possible.
