Do you know what the average workers comp settlement for back injury is?
Back injuries are some of the most common work injuries, especially for jobs with high volumes of manual labor. We get a lot of questions about the average workers comp settlement for back injury claims.
If you have a back injury in Louisiana, the average workers comp settlement for back injury claims is probably only one in a long list of questions. Back injuries can be devastating, especially if they permanently affect your ability to work.
Getting a worker’s comp attorney as soon as possible is crucial. In this post, worker’s comp attorneys at Gordon & Gordon will talk about the average workers comp settlement for back injury. We’ll answer some questions about back injury claims, and how a worker’s comp attorney can help.
What is a Worker’s Comp Settlement?
Some people can be confused on exactly what it means to accept a lump sum settlement in a worker’s comp claim.
The idea behind worker’s comp is that you would not have sustained the injury without being in the course of your duties at work. Because of this, your employer’s worker’s comp insurance will help you support yourself and your family while you are out with your injury.
With many worker’s comp claims, your employer’s worker’s comp insurance will pay you a weekly amount until you’re ready to return to work in some capacity. This amount will help cover your medical expenses and lost wages.
That’s simplifying it quite a lot; things can become complicated when worker’s injuries are very severe. Things can also become complicated if the worker can return to work, but must transition to a different job that pays less, or with fewer hours.
When you accept a lump sum settlement, you accept a single, large payment rather than multiple smaller weekly payments.
Insurance companies may offer this option if they think they will pay out less in a single lump sum now rather than continuing weekly payments. After all, it is an insurance companies job to take in more money in premiums than they pay out in claims.
It’s always best to consult with an attorney before accepting a settlement to ensure it is what’s best for your situation.
What is the Average Workers Comp Settlement For Back Injury Claims?
The first thing you should know about the average workers comp settlement for back injury claims is that there isn’t a specific number, in any case. Every case and every claim is going to be different.
Settlements depend on a few different factors. Like we mentioned earlier, insurance companies are businesses just like anything else. It is their job to take in more money than they are putting out. An insurance company will evaluate your claim, and if they believe that paying you a certain amount of money now will save them more money in the long run, they will offer a settlement.
This is why it’s so important to consult with a worker’s comp attorney who can help you negotiate your settlement.
In the end, offering and accepting a worker’s comp settlement is a financial decision on both ends. It has to make sense for both the insurance company and for the employee in question.
Below, we’ll talk about a few things you should consider when evaluating the settlement the insurance company is offering you.
What Should I Consider Before Accepting a Workers Comp Settlement?
Back injuries can be very serious, and can affect us for the rest of our lives. There is no average workers comp settlement for back injury claims, so it’s difficult to give you a threshold at which you should or shouldn’t accept a claim.
What we can tell you are the things you should be sure to consider when you are evaluating a settlement.
First of all, you should consider future medical treatments. Medical treatments could include physical therapy, injections, and prescription medications. Some workers with back injuries may need surgery like a discectomy or spinal fusion. These treatments aren’t cheap. You should consider whether you think you will need these treatments when you’re looking at a possible settlement.
You should also think about the wage loss. Wage loss benefits encompass 80% of an employee’s after-tax weekly wage. Insurance companies will pay weekly checks indefinitely, but they can offset this amount starting at age 65. Think about what your weekly wage loss check will be for the duration of your recovery, and make sure the settlement you accept takes care of your wage losses.
Watch out for IME Doctors
There is no average workers comp settlement for back injury claims, but there are plenty of ways you may possibly get less than you deserve.
When you sustain an injury at work in Louisiana, your employer’s insurance company gets to pick the doctor you see. This is an independent medical exam, or IME doctor.
Some IME doctors may tell you that your back injuries are merely the result of aging. This is especially true if your diagnosis is a herniated disc, disc protrusion, or a pinched nerve.
It’s also important to remember that preexisting conditions are not a basis for a dispute. Just because you had back trouble before the work injury doesn’t mean the work injury did not contribute to your inability to work. If the work injury changes your underlying pathology, you are eligible for a workers comp settlement.
How Do I Maximize Settlement Value?
Though there is still no average workers comp settlement for back injury claims, there are things you can do maximize your settlement value.
An experienced attorney can maximize the value of a settlement by using medical opinions to prove how long the employee will be unable to work.
Contact Gordon & Gordon
If you have questions about the average workers comp settlement for back injury claims, call Gordon & Gordon at 318.716.HELP. Our experienced attorneys can walk you through the entire process of your claim, and help ensure you get the benefits you deserve. You can also leave us a message on our website.