Some workers' compensation cases are settled with a fixed sum instead of payments that are sent weekly or monthly. The specific amount you take home in a settlement will hinge on New Jersey's workers' compensation laws, the injury you sustained and the body part you actually injured. An injury to some body parts may result in a higher payout than others. This is something we will cover below.
The National Safety Council (NSC) maintains a database of average workers' compensation settlement payouts by injury type. This article will examine, using NSC data, the average settlement amounts for various work-related injuries and disabilities, as well as injuries to specific parts of your body.
If you have questions about your specific case, please reach out to the NJ workers' comp lawyers at Brandon J. Broderick for assistance. Our team has extensive experience that can provide sound legal advice and assistance for your case.
Average Compensation By Body Part
Settlements in workers' compensation cases involving head injuries are generally the most expensive types of injuries you can suffer, and usually yield the highest amount in settlement compensation. Workers comp claims involving severe brain injuries will settle for millions in some cases.
Upper Body Injuries
The average settlement for an upper-body injury suffered at work, includes:
- Head – $92,493
- Neck – $61,510
- Shoulder and arm – $46,205
- Chest - $42,342
- Back – $33,154
- Hand/wrist: $24,627
Lower Body Injuries
Lower back injuries are the primary cause for disability among workers. Lumbar (lower back) sprains, strains, and herniated discs occur frequently in the workplace, especially in jobs where a worker is required to lift heavy loads.
The average settlement amounts for injuries to the lower body includes:
- Lower back – $36,882
- Thigh and hip - $58,146
- Leg – $57,476
- Knee – $33,153
- Ankle - $30,000,486
- Feet - $27,628
While the average settlement for a hip injury can exceed $50,000, the average settlement for minor injuries treated without surgery may be as low as $5,000, all the way up to $20,000. In cases involving complete disability, settlement amounts significantly increase.
When surgery is required to repair a knee injury, you will likely receive a settlement that is above average. A ruptured anterior cruciate ligament (ACL) may result in a workers' compensation settlement of $80,000 or more.
Carpal Tunnel Syndrome and Nerve Problems
Carpal tunnel syndrome is a wrist and hand nerve disorder. It is a common occupational injury, particularly among office workers and employees whose tasks involve repetitive hand motions, such as typing.
The average carpal tunnel settlement under workers' compensation is $30,510. This is approximately $6,000 more than the typical settlement for hand and forearm injuries.
Work Injury Settlements: What Is Included?
Most settlement offers will not fully compensate injured workers for their lost wages. If injured on the job, you will typically receive about two-thirds of your average weekly compensation prior to the incident. However, worker's compensation wages are not considered taxable income.
Also excluded from workers' compensation benefits is compensation for pain and suffering. In cases of intentional injury or gross negligence, however, employees can sue their employer for pain and suffering damages.
Below are the typical types of losses that will be recovered.
Medical Costs
Insurance companies for workers' compensation will only cover reasonable and necessary medical expenses. The specific nature of your injury and the reason for your treatment must be documented by your physician.
Depending on the state's workers' compensation laws, chiropractic treatments, acupuncture, or other "alternative" treatments may not be covered.
Insurers will also require that you waive your right to future medical coverage as a condition of a settlement. If you waive this privilege, you will be responsible for any future medical expenses arising from your injury. So, it's important to consult a workers' compensation lawyer before agreeing to this.
Disability
Depending on the extent of injury, some workplace injuries result in a permanent partial disability or a permanent total disability.
Permanent disability settlements in many states are determined using a loss-of-use schedule of injuries. These tables designate a compensation value based on the body part or bodily function that was affected by your injury.
Once they've reached maximum medical improvement (MMI), injured workers can file for a scheduled settlement. MMI indicates that your doctor believes your work injury will not improve with continued treatment.
Brandon J. Broderick: Workers' Compensation Lawyers in New Jersey
To ensure that you receive the appropriate compensation in a workers comp settlement, you need to consult with a legal expert with knowledge of the state and its laws. Brandon J. Broderick, Attorney at Law has handled workers' comp cases in New Jersey for decades.
We take pride in helping our clients seek a successful resolution of their cases. Contact us immediately for a free consultation.