If you are injured at work, filing a workers' compensation claim instead of a civil action is the path most employees take. When you are hurt carrying out duties while working, you file a workers' compensation claim with the workers' comp insurance of your company. In a workers' comp claim, proving negligence is not required. However, you may not be able to recover all losses you would be able to in a conventional personal injury claim.

Whatever your work injury is, it's important that you know the value of your claim. Back injuries, for example, may hold different values depending on the severity of the injury. If you need surgery, your settlement may be much more valuable than if you didn't require surgery. Continue reading for more about workers' comp settlements for a back injury.

If you need legal assistance, the NJ workers comp lawyers at Brandon J. Broderick, Attorney at Law are here to help. Our team has decades of experience with workers comp cases involving back injuries. Call us today.

Back Injuries At Work: What To Know

Over 1 million workers in the United States suffer from a back injury sustained at work every year. While no one thinks they will get injured at work, it occurs more often than you may think. The most common work-related injury is back injuries.

In fact, 80 percent of all adults will experience back pain or an injury at some point in their lives. Unfortunately, the probability of developing chronic back pain increases after a back injury. As for back injuries at work, back and lumbar spine injuries make up about 1/3 of workers' compensation claims. Many of these injuries are life-altering, necessitating back surgery and time away from work while recovering. After a back injury, you might never be able to go back to work full-time.

According to the U.S. Bureau of Labor Statistics (BLS), musculoskeletal disorders are defined as injuries sustained when the body uses its muscles, tendons, and ligaments to carry out tasks. A major contributing factor to these back injuries is overexertion, which includes lifting, carrying, pushing, or pulling excessive weight. 

Common Causes of Work-Related Back Injuries

Back pain or an injury may be brought on by a single traumatic event. It is also possible that your symptoms will develop over time as a result of repetitive activity.

The distinction is important, injuries that develop over time, otherwise known as cumulative trauma disorders, are not always covered under workers' compensation laws. In New Jersey, it's considered an "illness" and is covered, but can be hard to prove. This is why it is important to retain legal counsel.

Common causes of back injuries at work, include:

• Motor vehicle accidents
• Construction site accidents
• Slip and fall accidents
• Lifting accidents
• Fall from heights
• Forklift accidents
• Power equipment accidents
• Negligence of another party

What Is a Workers' Comp Settlement

Workers' compensation insurance will cover the following expenses when you file a claim for a work injury:

• Medical costs
• Temporary or permanent partial or total disability benefits: Payments for lost wages or your earning power, whether temporary or permanent
• Vocational rehabilitation
• Death benefits

After a work injury, you can file a workers' comp claim to get compensated for these losses. Sometimes the insurance company will temporarily reimburse your medical costs while you heal from your injuries, after which the claim will be closed. In other cases, however, a workers' compensation settlement is made to resolve the claim.

The insurance company may choose to settle your claim in full by paying you a flat sum to cover all of your covered losses as a result of the work-related accident. Alternatively, it can be a structured settlement, in which you get payments over time.

If you and the insurer are unable to come to an agreement over the amount of compensation you should get for your work-related injuries, you have the option to negotiate a settlement or have an administrative law judge decide after a hearing on the proper settlement amount.

Workers' Comp Settlement for Back Injury Claims

If you're going through a workers' comp claim for a back injury, you would probably like to know how much compensation you may be offered in a settlement. Accepting a settlement that is too low puts you at risk of not getting paid in full for your damages. Also, you cannot decide later you would want more money after you have agreed to settle your claim.

If you see the average back injury settlement, you get a sense of what you may be entitled to. Keep in mind that every case is unique, and the best way to calculate the amount of your settlement is to look at the details of your case.

There are a number of other data elements to take into account if you're interested in the average compensation for individuals who suffer back injuries at work:

• According to a survey, the typical payment for back injury claims under workers' compensation is between $20,000 and $25,000.

• Data from the Occupational Safety and Health Administration (OSHA), the average cost of back injury claims ranges from $40,000 to $80,000, taking into account medical expenses, benefits for lost wages, and other costs.

• According to data from the National Council of Compensation Insurance, the average workers' compensation settlement for lower back injuries was $37,000, while the average award for upper back injuries was $33,000.

• Another poll shows that the typical payout for back injuries sustained at work was $23,600.

What Impacts Your Workers Comp Claim For a Back Injury?

Your claim's potential value is determined by elements unique to your injury, which could make the amount you receive different from the average settlement. The following aspects can impact the settlement you receive:

• Type of back injury: A sprain that heals within a few weeks of rest differs greatly from injuries that result in a permanent nerve damage or a spinal fracture.
• Severity of your back injury: You will be compensated more for your injuries if they significantly reduce your capacity to work and your quality of life.
• Length of time you were hurt: You will be compensated for the continuous disruption to your job with a larger settlement if your injuries last longer.
• Medical costs: You should get enough to pay for all past medical expenses, as well as future medical expenses brought on by your injuries.
• Lost wages: You should recover compensation to make up for the income you lose if you are unable to perform your job for an extended length of time or altogether.
• Strength of your case: A settlement offer from your insurance company may be more favorable if there is evidence that ties your injuries to your job.

Getting the best settlement possible may also be achieved by retaining an experienced NJ workers' compensation attorney. Your attorney can assist you in gathering the evidence required to prove the extent and severity of your injuries.

Call The Office of Brandon J. Broderick Today For Help With Your Back Injury Case

Insurance companies will regularly contest workers' compensation claims involving back injuries since back discomfort is common. However, even if you have lumbar spine disease or have previously had a back injury, you can still receive the workers' compensation benefits and settlement you are entitled to with the help of an experienced workers comp lawyer.

Receiving benefits is important because a back injury is serious and getting appropriate treatment will make a difference in your life moving forward. Filing a back injury claim now is the best way to get medical and financial protection for future medical needs.

Our team at Brandon J. Broderick, Attorney at Law can provide support and the legal help you need. For a free consultation, contact us today.