If you hurt your back at work, you might worry about how you will pay your bills while you heal. Workers’ compensation can help. But how much does it pay?
Workers’ compensation typically pays about two-thirds (66 2/3%) of your average weekly wage if you miss work due to a job-related back injury, subject to state minimums and maximums. The exact amount and duration of benefits depend on your state’s laws, your earnings history, and the severity of your injury.
Key Points:
- Medical bills for your back injury are usually covered
- Lost wage payments are based on your pre-injury average weekly wage.
- Payment amounts and benefit duration vary by state.
- If your claim is denied or you have a pre-existing condition, you may need to provide additional evidence or appeal.
For specific advice, consult a qualified workers’ compensation attorney in your area now.
What Is Workers’ Compensation for a Back Injury?
Workers’ compensation is an insurance that your employer has. If you get hurt, it helps cover medical costs and part of your lost earnings.
A back injury is one of the most common problems people have at work. If you lift heavy items, slip and fall, or experience another type of accident, you might strain, sprain, or seriously injure your back.
In most cases, you do not have to prove your employer did something wrong. You can file a workers’ comp claim if the injury simply occurred at work. This system aims to make sure injured workers get help quickly. It also protects employers from some lawsuits.
How Do They Figure Out Your Payment?
They base your payment on your average weekly earnings. That means they look at what you usually make. The standard rule is often that you get about two-thirds (66 2/3 percent) of your average weekly earnings. However, many areas have both a minimum and a maximum limit. This means your state may cap your weekly check or set a floor for how low it can go.
Workers’ comp often looks at what you earned before the injury to determine your average weekly income. For some workers, it is calculated by taking the total pay for a certain number of weeks and dividing it by the number of weeks worked. Calculating if you have a very steady income (like the same amount each week or month) might be simpler. It might be more complicated if your job’s pay changes each week.
What If My Earnings Are Not the Same Each Week?
Some people have schedules that vary. They might work extra hours sometimes or do seasonal jobs.
If your pay is not the same every week, there are methods to find an average. Typically, you look at a certain number of weeks before the injury. You then pick the highest time segments in that period to develop a fair average. This way, if you earn more during some weeks, you will not lose too much when calculating your workman’s comp pay.
How Long Do I Get Workers' Comp Pay for a Back Injury?
If your back injury keeps you from working, you may receive total disability benefits. These can continue for as long as you are disabled, though each place has rules about maximum time limits or updates on your medical condition. If you can return to work but earn less or do light duty, you might qualify for partial disability benefits for several weeks.
Every state or region sets laws, so the timeframe can vary. A workers’ compensation attorney can tell you what applies where you live.
Does Workers' Comp Cover Medical Bills Too?
Workers’ comp does not just pay for lost income; it can also pay for the medical care you need for your back injury. This might include doctor visits, physical therapy, or surgery if necessary. You will often not have to pay out of pocket for these services. The workers’ comp system usually has a list of approved doctors or certain guidelines for which providers you can see.
If you want to see a specific doctor outside this list, you may need special permission or have to pay some costs alone. It all depends on the rules in your area.
Can I Get Workers’ Comp if I Have a Pre-Existing Back Problem?
Yes, you can still qualify for workers’ comp if a work accident makes your old back problem worse. Often, the key question is whether your job caused your condition to become worse than it was before. Maybe you had lower back pain in the past, but a new on-the-job injury led to more serious pain or injury. You do not have to be healthy enough to get workers’ comp.
That said, you often need a lawyer to prove that the work accident made your back problem worse. In such cases, having a workers’ compensation lawyer review medical records that show a change or increase in severity can make this easier.
What If I’m Denied or Paid Less Than I Expect?
Sometimes, insurance companies send people letters denying their claims or reducing their expected benefits. This can be scary, but do not give up. You usually have the right to appeal or ask for a review. You may need to provide more evidence or proof of your earnings and medical needs in that process.
It can help to talk to a workers’ compensation attorney who has experience with back injury claims. They can guide you through the appeal and gather the right information. They may also speak on your behalf if a hearing is needed.
Can I Sue My Employer Instead of Taking Workers’ Comp?
Usually, you cannot sue your employer for a work injury if they carry workers’ comp insurance. That is the trade-off of the system: you get benefits faster, but you usually give up the right to sue. In rare cases, if your employer lacks proper insurance or a third party caused your injury, you might have other legal choices.
But for a typical on-the-job back injury, you go through workers’ comp. While it might not pay every penny you will get in a lawsuit, it can provide benefits more quickly. If you believe your situation is an exception, a workers’ compensation lawyer can explain your options.
When Should I Contact a Workers’ Compensation Attorney?
Many workers' compensation claims run into hurdles, especially when the back injury is more serious or your earnings calculation is complicated.
You should think about hiring a lawyer if:
- Your claim is denied or delayed.
- You are not sure the insurance company is paying you the right amount.
- You cannot return to work for a long time, or ever.
- You have a pre-existing back problem that got worse at work.
- You feel your employer treats you unfairly or pressures you to return too soon.
An attorney can gather proof, meet deadlines, and speak up for your rights.
What Happens if I Can’t Return to My Old Job After a Back Injury?
If your back injury prevents you from returning to the same type of work, you may need to find a new line of work or ask for other options from your employer. In some places, vocational rehabilitation programs train individuals for new jobs or skills. Workers’ comp might cover some of these costs if your doctor says you can no longer do your old job.
A Workers' Compensation Lawyer Can Protect Your Rights
Ready to learn more or need help with your claim? A workers’ compensation attorney can protect your rights and guide you through each step of the process. Do not wait until you are overwhelmed. Call an experienced lawyer today. With the right support, you can focus on healing your back and getting your life back on track.