Back injuries are one of the most common types of injury in the workplace. They can significantly impact your ability to do your job, and can linger for years if not properly treated.
Because back injuries are so common, insurance companies often try to escape responsibility for paying benefits by claiming that back injuries are caused by pre existing injuries. This can make it difficult to win maximum benefits after your injury.
The medical costs of back injuries vary widely depending on the severity of the injury, so it’s hard to estimate the value of a claim without knowing the details of the case. Back injury cases often take longer than other workers comp claims as well, so it can take a while to receive benefits.
If you’ve injured your back at work, you should strongly consider reaching out to a workers comp attorney. They can help you deal with aggressive insurance companies and make sure that your employer complies with your claim.
Chances Of Getting A Payout After A Back Injury
Many workers worry that they will not receive compensation after a back injury. However, most workers are able to secure benefits if they injured their back at work, especially if they hire a workers comp attorney.
Nearly ¾ of workers seeking damages related to a back injury were able to receive a settlement. They either received a payout from the insurance company, or won workers compensation benefits at a hearing.
How Much Does Workers Comp Pay For Back Injury
The estimated value of a back injury workers comp claim varies widely depending on the severity of the injury.
The average workers comp settlement for back injury have settlements that total less than $20,000. However, many severe injuries receive payouts significantly in excess of this amount, with some skyrocketing over $60,000.
Back injuries can also cause you to miss a significant amount of time at work. Since you often have to rest your back even after it’s mostly healed, you also may not be able to do the same tasks at work as you did before the injury.
When preparing your workers comp claim, make sure you include all relevant medical records. If you forget any procedures, you may not receive full compensation for your injuries.
How Long Will A Back Injury Workers Comp Claim Take
Back injuries tend to win larger settlements that other injury types, as they often require significantly more medical treatment. This means that it can take time for a back injury claim to pay out.
The average time it takes to settle a back injury claim is around a year and a half. The long length of the claims process is often because people need continuing treatment, and the case does not fully settle until they are healed. In some cases, it can even take years to receive the full settlement for a back injury case.
How Often Are Back Injury Claims Denied
It’s common for back injury workers comp claims to be denied initially. In fact, over half of back injury claims are rejected by insurance companies.
However, that does not mean that you won’t be able to receive compensation for your case. It can often take multiple claims before an insurance company will agree to pay out. You may also have to appeal the decision, or go to a hearing to argue your case.
The most common reason back injury workers comp claims are denied is pre existing injuries. Insurance companies take advantage of the fact that many people have injured their back in the past to argue that the accident at work was not responsible for the injury.
They may also claim that the back injury is simply a result of aging, and that it has nothing to do with strain from work. If they have access to your full medical records, they will often point to a sports injury or car accident from when you were younger and claim that it’s responsible for your back pain.
Workers comp claims may also be denied because a deadline was missed or a piece of paperwork was not filled out correctly. Insurance companies will also deny claims if they believe the injury occurred while you were not at work, or if they believe the accident did not occur.
There are cases where workers comp claims should be denied. However, insurance companies will jump at any chance they can to avoid payouts, and will take advantage of any errors you make while filing a claim.
Insurance companies will also deny claims by saying that your injury is not severe enough to merit a payout. That’s why it’s crucial that you ensure every doctor’s visit is properly documented, and that your doctor understands the nature of your injury.
Hire An Experienced Workers Comp Attorney
If you’ve injured your back at work, you may consider filing a claim without the help of an attorney. Although you may think this is a way of saving money, filing without an attorney can lead to a significantly smaller payout.
Insurance companies have teams of experienced lawyers and adjusters who know how to pinch as many pennies as they can get their hands on. These lawyers and adjusters have a lot more experience with workers comp law than you do, and they take advantage of that to cut your benefits wherever they can.
You need a skilled workers comp attorney who can go to bat with the insurance companies for you. It can be difficult to prove that a back injury is related to a specific accident. That’s why workers comp attorneys work with your medical team to ensure that your injury is correctly reported and diagnosed.
At Glacier Law, we have years of experience fighting on behalf of workers. We don’t stop until you get the payout you deserve.
If you have any questions about your back injury workers comp claim, reach out to use today. We offer free case evaluations, where we can walk you through all of your legal options.