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Back Hurt at Work? Here’s How to Get the Compensation You Deserve

June 17th

Back Hurt at Work? Here’s How to Get the Compensation You Deserve

One of the most common types of workplace injury is a back injury. If you have hurt your back and work and want to get your workers’ compensation as fast as possible, we are here to help. We’ve put together this post to let you know what you should expect from your workman’s comp settlements for a back injury.

Success rates for workers comp back injury settlements

The most pressing question you probably have regarding your workman’s comp back injury settlement is, how likely am I to succeed in getting my compensation?

Actually very likely! According to one source, around 74% of workers’ comp back surgery settlements work out successfully, with the injured worker receiving some type of compensation. Of course, the odds always depend on the specifics of the case. If you have a preexisting condition that may affect your injury, for example, your insurance company is a little more likely to deny your claim at the outset. Where you were at the time of the injury and how exactly you got it are also factors that will play a role in the success of your settlement.

That said, there are some things you can do to improve your odds of successfully receiving compensation. Get to know your insurance company and their policies, confirm the conditions of your injury with more than one trusted medical professional, and hire professional, experienced representation to help you out with your case.

Average workers comp settlement for back injury

How much does workers comp pay for a back injury? In general, of course, it depends on your employer’s policies and response time and the severity of your injury. But you can look at the average results of settlements to get a better idea of what to expect.

The average settlement for a back injury in workman’s comp cases is around $23,600 – that’s considering a full range of injury types and policies. To get more specific, the majority (about 68%) of settlement cases resulted in a compensation of $20,000 or less – these are generally less serious injuries, or injuries that occurred in an environment where risk was properly minimized. The remaining 32% of cases receive much more – with 9% earning well over $60,000. The cases that receive the most compensation are generally those in which the worker was injured as a direct result of an unsafe or negligible work environment.

Of course, the state you live in will make a difference, too. Workers comp back injury settlements in California, for example, tend to pay out higher than in other states.

Average duration of workers comp settlements for back injuries

Workers compensation settlements for a back injury tend to pay out pretty well, but they also tend to take a fairly long time to process. The average workers comp back injury settlement case takes around 17 months, from the time the claim is filed until the compensation is paid out.

Back injury settlements tend to take a little longer than settlement cases for other injuries, mainly because they can be more serious, and require more intense medical attention to fully heal. Settlements for other, less serious injuries, such as carpal tunnel syndrome, may process much faster but pay quite a bit less.

Denied workers compensation settlements for back injury

What can you do if your workers comp settlement for back injury has been denied?

The first step is not to panic. Plenty of back injury settlements are denied at the outset – in fact, around 63% of workers who eventually received compensation for their back injury were initially denied. An initial denial definitely does not mean that your case is over.

What it does mean is that you and your representatives are going to have to put a little more work in to make your settlement a reality. Generally, the next step after denial is to file an appeal, outlining all of the reasons that you deserve this settlement. Your lawyer can help you through every step of the appeal process.

One of the most common reasons that the average settlement for workers comp for back injury might be denied is because the worker has a preexisting condition that may have caused, or exasperated, the injury. In some cases that might be legitimate, but a lot of people feel like the insurance company’s denial of their settlement based on their preexisting condition is unfair.

If you feel like your insurance company is denying your claim just to drag out the settlement, talk with your lawyer about more ways you can expedite the process.

Hiring the right lawyer

The average work comp settlement for back injury will be a long, sometimes challenging process. It is definitely worth it in the end to get the compensation you deserve for your workplace back injury, but you will want to make sure you have the very best representation possible to make your settlement happen in a reasonable amount of time.

Only about 25% of successful back injury workers’ comp settlements are completed without the help of a lawyer. The other ¾ of cases utilized professional legal representation. In order to receive the workers comp settlement amount for a back injury that you need, you are going to need a thorough understanding of your insurance company’s policies, your workplace policies, the extent of your injuries and the legalities regarding workers’ comp in your state.

It is possible to come to a good understanding of all that without the help of a lawyer, but hiring professional legal representation will definitely be a huge help – especially if your workers’ compensation claim is initially denied.

To learn more about hiring the best workers’ compensation lawyer in your state, or if you have additional questions regarding what is the average workers comp back injury settlement, how long it generally takes or how your specific injury will affect the process, you can always get in touch with Davis & Sanchez, a firm you can trust, to get more information.


Zero out-of-pocket costs, crystal-clear communication, immediate action on your case. With hundreds of clients served and years of combined experience, the attorneys of Davis Sanchez are known for their dedication to winning maximum settlements and judgments for their clients.

*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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