How Much Does Workman’s Comp Pay for a Back Injury?

How Much Does Workman’s Comp Pay for a Back Injury?

When you suffer an injury on the job, your focus shifts to how you will support yourself and your family until you can work again. In the meantime, you may be dealing with substantial medical expenses. Back injuries can be severe and debilitating, and they can keep you out of work for quite some time. There is a chance that you may never physically recover from your injuries.

Workman's compensation insurance protects employees in the event of work-related injuries or illnesses, and you may be eligible for workers' compensation benefits for a job-related injury. So long as you suffered the injury due to your job, whether it was an accident or the physical effects of your work, you may receive money to cover your lost earnings and medical expenses.

Before reaching that point, you must file a workman’s compensation claim, and hiring a lawyer is prudent. They will represent you throughout the legal process, especially when the insurance company makes things difficult. Whether you are negotiating a settlement for your job-related back injury or need to appeal a denial of your claim, a workers' compensation attorney is there for you at every step. They can significantly increase your chances of receiving the compensation you deserve.

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Work-Related Back Injuries Are Serious

Back injuries can remain with you for an extended period and may keep you from working. If your job is physical in nature, you may never work again because of your limitations. You can suffer a work-related back injury during a one-time accident, or over time because of overuse.

Work-related back injuries can include:

• Herniated discs: The gel that helps cushion your spinal cord can protrude through the discs, placing pressure on your nerves and causing significant discomfort.
• Spinal stenosis: Stress on your back can cause the spinal column to narrow, pressuring both your spinal cord and nerve roots.
• Fractured vertebrae: An accident can cause you to break one or more bones in your back that protect your spinal cord.
• Sprains and strains: Lifting a weight the wrong way or in an unnatural motion can cause you to suffer a lumbar strain, putting you in severe pain.
• Thoracic spine injuries: Impact to the upper portion of your back can cause nerve damage, which may lead to numbness and muscle weakness

Any back injury will require medical treatment, and you may even need rehabilitation to recover to the fullest extent possible. Work-related back injuries can make it impossible to do your job, and even if you can still work, you may have physical limitations. Back injuries do not just affect those with physical jobs, as sitting at your desk for an extended time may be challenging as well.

What to Do if You Have Suffered a Work-Related Back Injury

There are several steps that you should take to put yourself in the best legal position after you have injured your back on the job, including:

• Notify your employer of your injury in writing within the time state law requires (if you miss this deadline, it may jeopardize your right to claim workers' compensation).
• Document your injury and the effects that it has had on you.
• Seek medical treatment from a doctor (you can choose your own treating doctor under certain circumstances).
• Hire a workman’s compensation attorney to represent you (it is not a legal requirement to have an attorney, but you should consider hiring a workers' compensation lawyer if you have a problematic claim or have suffered a severe injury).

Your Medical Classification After an Initial Examination

Insurance companies will review your file once you have filed a workman’s compensation claim. They will decide whether to accept your claim within a relatively brief time, as the law requires in each state. You hope they approve your claim, and you can quickly receive benefits. If the insurance company denies your claim, you can file an immediate appeal to get your day in court before an objective administrative law judge.

Initially, insurance companies will give you one of the following designations after reviewing your medical records:

• Temporary partial disability - You are partly unable to do your job at this current point in time. Insurance companies will give you a disability rating that equates to the percentage of disabled you are. This rate will get multiplied by what you would have received had you been fully disabled to arrive at the amount of your weekly benefits.
• Temporary total disability - The severity of your injury is such that you cannot work for the time being. You have the legal right to your entire weekly benefit until you can recover from your injuries or there is a final decision made about your status.

Your Medical Status After an Independent Medical Examination

Once you reach the point of maximum medical improvement (which is the point in your case where further medical treatment will not make a material difference in your condition), you will have to attend an appointment with a so-called "independent medical examiner." This doctor is on the insurance company's payroll, so they are certainly not your friend. The independent medical examiner will reach their conclusion about whether you are permanently disabled, or whether you can return to work. The doctor often says that you can return to work, even if you think that you are still dealing with the effects of your work-related injury.

The doctor will similarly give you a disability rating for your injury, and they will categorize you as one of the following (if they determine that you still have a debilitating injury):

• Permanent partial disability—You may still have some capacity to work, but you cannot do your job as well as before the accident or illness.
• Permanent total disability - The doctor has concluded that your injury is too severe for you to return to your job at all.

If you are partially disabled, you will receive a rating that equates to the percentage of your disability. Again, this gets multiplied by what your full benefit would have been to arrive at your weekly benefit.

If you are fully disabled, each state will have a different rule regarding how long you can receive benefits. Some will allow you to continue to get paid for what would have been the duration of your career. The same thing applies to a permanent partial disability, although the size of your check may be smaller.

Medical Costs for Your Job-Related Back Injury

In addition, you will also have the legal right to medical benefits to cover the reasonable care associated with your injury for as long as you need treatment. Insurance companies will need to pay for your care for the duration of your injury. Back injuries are complicated to treat fully, especially when you may need surgery for your condition. You may also require continued therapy and rehabilitation, which are part of your covered care.

Based on your diagnosis and your doctor's assessment, your doctor will give you an idea of the care you need. Never assume your condition will improve without continued medical treatment.

Workers' compensation benefits include vocational training if you cannot perform your job as you did before your injury. You may need to learn a new profession or job skills to allow you to work in some capacity. In addition, you may need to receive extra training on how to do your job in light of your condition and the fact that you may never fully recover from your injuries.

Workers' Compensation For Permanent Back Injuries

Suppose you have a lasting disability, as determined by the results of the independent medical examination. In that case, you will have the right to permanent benefits (or for as long as state law allows you to receive payments). Many injured workers elect to receive their benefits upfront in a workers' compensation settlement. You can take your lost earnings at once instead of receiving them each week if you are getting paid. You can also include the costs of your medical care in your settlement and close the books entirely for your claim. Once you sign a workers' compensation settlement, which provides for payments for lost earnings, vocational training, and medical care, the insurance company has no further obligation to pay you anything.

It is up to you to decide whether you want to agree to a workers' compensation settlement or to continue to take your benefits as they come due. A workers' compensation attorney evaluates your situation and gives you their best advice about what may make sense for you. There are pros and cons to each course of action.

If you decide to take a settlement, your workman’s compensation lawyer will negotiate with the insurance company. The amount you receive is subject to change, depending on your diagnosis. First, there may be a difference of opinion about the severity of your injury. The doctor may assign you a lower disability rating than you truly deserve. Then, you need to either negotiate with the insurance company or fight to have it recognize your actual condition. You can appeal any determination and present your own evidence about your condition.

Second, insurance companies may try to underpay you because they assign a higher discount to your payments than they otherwise should. Today's dollar differ from tomorrow's, and the insurance company will apply a discount to your settlement check, reflecting future inflation. Your workers' compensation attorney will work to maximize your settlement check based on the actual value of your benefits.

It Costs You Nothing Upfront to Hire a Workman’s Compensation Attorney

If you have a complex claim or want a settlement, hiring a workers' compensation attorney to look out for your interests during the claims process makes sense. They can negotiate with the insurance company and will only get paid if you receive money in connection with your claim, meaning you pay them nothing upfront. It costs you nothing to speak with a workers' compensation lawyer for a free initial consultation, where you will learn more about your legal rights and what you may expect during your case.

Hiring a lawyer can also provide peace of mind during this challenging time. Dealing with a back injury is already difficult enough, and the last thing you want to worry about is the legal aspects of your workers’ compensation claim. By hiring a lawyer, you can focus on your recovery while they handle all the legalities, communicate with insurance companies, and inform you about the progress of your claim.

Having a lawyer by your side is important for a workers’ compensation claim. They will provide you with the necessary experience and fight for your rights. Do not hesitate to contact a skilled personal injury attorney to ensure you receive the compensation you deserve.

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