Back injuries can happen to anyone who works, whether you lift heavy boxes or sit at a desk all day. When you get hurt at your job, workers’ compensation is there to help. But what happens if you decide to settle your claim? You want the negotiating power and counsel of a workers’ compensation lawyer on your side.
What Is a Workers’ Comp Settlement for a Back Injury?
A workers’ comp settlement for a back injury is an agreement between you (the injured worker) and the insurance company that covers your workplace. Instead of getting weekly checks for lost earnings and having your medical bills paid bit by bit, you might take a one-time payment (called a lump sum) or a structured payment plan to settle your case.
Once you settle, you usually close out some or all of your workers’ comp benefits. This can mean you do not keep getting weekly checks or medical coverage paid by workers’ comp. Settlements can be good if you want control of the money immediately, but you must be sure the amount is enough to cover your needs.
How Does a Back Injury Settlement Work?
When you hurt your back at work, you might start receiving income loss checks if your doctor says you cannot work for a while. Workers’ comp can also cover your medical bills. At some point, the insurance company or you might bring up the idea of a settlement.
To settle, you and the insurance company discuss how much money you should get. This amount is supposed to help cover future medical expenses, lost earnings, and other costs linked to your back injury. If both sides agree, you sign papers, and the settlement often needs a judge or official's approval to ensure it is fair. After that, you typically receive the settlement money in a lump sum or separate payments.
Why Someone Might Settle Their Back Injury Claim?
Workers sometimes choose to settle for several reasons:
- Access to Funds: You might need more money immediately to cover bills or large expenses, such as major household bills.
- Control Over Future Care: Settling allows you to pick your doctors or treatments without insurance company approval.
- Moving On: Some people find the workers’ comp process stressful. A settlement lets you focus on recovery and move forward with your life.
On the flip side, you might lose certain benefits once you settle. You should think carefully or speak with a workers’ compensation attorney before deciding.
How Much Can a Workers’ Comp Back Injury Settlement Be?
The amount of a back injury settlement can differ a lot. Some people get less than $20,000, while others might receive much more, sometimes in the six figures. It all depends on:
- How bad the injury is.
- Whether you need surgery or long-term care.
- How much did you earn before you got hurt (your average weekly wages)?
- Whether you can return to your old job or any other job.
- The laws or rules in your area.
Do I Have to Pay All My Medical Bills Out of the Settlement?
That depends on the terms of your settlement. Some settlements cover only your lost earnings, leaving the medical portion open so workers’ comp will still pay your medical bills. Others might close out both, meaning you get one lump sum to cover all future medical care.
If you close out your medical benefits, you will be responsible for paying for future treatments. Consider how much care you need before settling to ensure your compensation reflects your long-term needs. Surgeries, physical therapy, or pain management can add up fast. Make sure the money you get is enough to handle those costs if your settlement includes medical expenses.
What Is My Average Weekly Wage, and Why Does It Matter?
Your average weekly wage (AWW) usually reflects what you earned before your injury.. Workers’ comp uses this number to determine how much your weekly checks should be. Often, you get around two-thirds of your AWW if you cannot work at all, up to a certain limit.
Your AWW also plays a part in settlement talks. Your potential settlement might be higher if you usually earn a higher wage. If you earned less, your settlement can be lower. Confirm how they calculate your AWW. Mistakes can lead to smaller benefits or a lower settlement.
What Is a Compromise and Release Agreement?
A “compromise and release” agreement is a settlement in many workers’ comp systems. It is a legal document that explains the deal between you and the insurance company. It should say:
- What is your injury?
- How much money will you receive?
- Whether medical benefits will remain open or be closed out.
- What is your average weekly wage and comp rate?.
- Any other important details?
You usually settle your case once you sign the agreement and the court approves it. Be sure you understand everything in the agreement. Ask questions or speak to a workers’ compensation lawyer if something is unclear.
What If I Need More Treatment After I Settle?
If your settlement closes out medical benefits, you will likely have to pay for any new treatments. If you kept medical benefits open in your agreement, workers’ comp should continue paying for care related to your injury.
Some people hold off settling because they are unsure how their back will heal. Sometimes, doctors discover you need more care than they first thought. If you settle too early, you might not get enough money to cover these new costs. That is why timing matters.
When Should I Call a Workers’ Compensation Lawyer?
You can call a workers’ compensation attorney at any point, but many people wait until they encounter problems. You might want help if:
- The insurance company denied your claim.
- You think the insurance company is not giving you the right weekly checks.
- You have questions about medical treatment approvals.
- You got a settlement offer, but are not sure if it is fair.
- You need a second opinion on whether to close out your medical benefits.
An attorney can help gather medical records, meet deadlines, and stand up for your rights. They can also assess future costs and explain whether the settlement offer fairly reflects your condition and lost earnings.
Reach Out to a Workers' Compensation Attorney Today
If you have a back injury and are considering settling, ensure you know all the facts. Talk to your doctor about your long-term recovery. Figure out how much money you might need for future care. If you feel unsure or the insurance company pushes you to settle fast, it might be time to get professional advice.
Need help understanding a workers’ comp back injury settlement? Reach out to a workers’ compensation lawyer today. They can explain your options, review any settlement offers, and guide you step by step. Remember, you only get one chance to settle your claim. Make sure it’s done right. Your health and financial future depend on it.