A back injury sustained at work can have life-changing consequences, especially when surgery is required. Navigating the workers’ comp back injury settlement process can be complex, but understanding the key factors will help you make informed decisions.

*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.

How Workers’ Comp Back Injury Claims Work

After suffering a back injury on the job, filing a back injury claim is the first step. This claim covers medical treatment, lost wages, and rehabilitation. However, a back injury that requires surgery typically results in a higher settlement due to the complexity of the medical procedures involved and the long-term recovery needed.

Your claim should include:

• Immediate medical attention: This ensures that your injury is documented properly.
• Ongoing medical care: Depending on your injury, you may need physical therapy or long-term care, which can increase the settlement amount.
• Wage replacement: Workers’ comp generally provides a portion of your lost wages while you recover.

Back Injury Settlements with Surgery

A back injury settlement with surgery under workers’ comp is usually more substantial than other types of injury settlements because surgery increases both medical expenses and recovery time. Some key factors that affect the settlement value include:

1. Surgical Costs: All medical costs, from diagnostics like MRIs to surgery and post-op care, are considered in the settlement.
2. Recovery Time: The longer your recovery, the more compensation you’re entitled to for lost wages and potential future limitations on your work capacity.
3. Disability: If your injury results in permanent disability, this will also impact the settlement. You could receive ongoing payments, known as Permanent Partial Disability (PPD) benefits, which are designed to compensate for diminished earning capacity.

Workers’ Comp Back Injury Settlement Factors

Several factors influence your workers’ comp back injury settlement:

• Injury severity and permanent impairment: If your back injury leads to permanent impairment, your settlement may include compensation for your inability to return to work or for work restrictions.
• Pre-surgery vs. post-surgery condition: In many cases, surgery can reduce pain but may not fully restore your previous capabilities, which can increase the settlement amount.
• Age and occupation: Your age, job type, and potential for returning to work in full capacity all impact the final settlement.

Negotiating Your Settlement

Workers’ comp insurers often offer lower settlements initially. You have the right to negotiate, and having a skilled attorney by your side can ensure that your medical reports, ongoing treatment, and future work prospects are thoroughly accounted for. Settlement negotiations should consider:

• All medical costs, Including hospital stays, physical therapy, and future treatments.
• Lost wages: Compensation for both past and future lost income.
• Disability payments: For any lasting impairment preventing you from working fully.

An experienced attorney will evaluate your case to ensure that your compensation reflects the true impact of your injury and surgery on your life.

Closing Thoughts

Having an experienced workers’ comp attorney ensures that you understand your rights and receive the maximum compensation possible for your injury, recovery, and future work limitations. If you are interested in learning more about back injury settlements without surgery, read this separate article.