Back Injury at Work? Find Out How Much Money You Should Receive Through a Workers Comp Settlement

 

Learn What Factors to Consider and How to Negotiate a Fair Workers Compensation Settlement for a Back Injury Resulting in Lower Back Pain, Lumbar Radiculopathy, and Spinal Stenosis

 

Are you or a family member one of the more than 1 million American workers who suffer a back injury at work each year?

 

Then you know that a workplace back injury can cause severe consequences, including:

 

• Lost wages because of time missed from work

 

• Reduced income for the remainder of your life

 

• Job loss and the need to change careers

 

• Medical bills that result in debt collection proceedings and bankruptcy

 

• Chronic pain resulting from failed back surgery syndrome

 

• The need for future medical treatment, including prescription medication and even surgery

 

• Permanent impairment and loss of use of your arms or legs

 

• Depression and anxiety

 

• Post Traumatic Stress Disorder (PTSD)

 

• A greater likelihood that you will need Social Security Disability benefits

 

As if these consequences aren’t enough, many of you will face aggressive insurance carriers or third-party claim administrators such as Sedgwick, Gallagher Bassett, or Coventry that refuse to accept your claim and pay benefits without litigation and the need for a workers comp hearing. 

 

Fortunately, help is available. And you are in the right place to learn how to get medical treatment and every dollar you deserve for a back injury under workers compensation law.

 

This article aims to help you get benefits and a fair workers compensation settlement for a back injury. Its purpose is to discuss common back injuries and the medical, legal, and vocational factors that impact back injury claims’ settlement value. Please use this information to get the medical attention you need to recover and cash payments that provide financial security after a work-related back injury. 

 

If you have questions about your legal rights after a work injury or want help negotiating a workers comp back injury settlement, call me: (804) 251-1620 or (757) 810-5614. See why my fellow attorneys and past clients have named me a Top 100 High Stakes Litigator and one of the Best Workers Comp Lawyers for Claimants in America. I’m ready to get results for you. 

 

 

Am I at Risk of Suffering a Back Injury at Work?

 

Yes. 

 

No one wants to believe that they can get hurt on the job. But it happens. And back injuries are the most common work-related injuries.  

 

The data shows that about 80 percent of adults will suffer a back injury or experience back pain during their lifetime – and that hurting your back once increases the likelihood of chronic episodes of back pain. 

 

Lumbar spine and back injuries account for roughly one-third of all workers compensation claims. Many of these injuries are life-changing, resulting in time missed from work to recover and the need for back surgery. You might never return to full duty work after a back injury.

 

Data from the U.S. Bureau of Labor Statistics (BLS) supports these numbers. 

 

The BLS defines musculoskeletal disorders as injuries occurring when the body uses muscles, tendons, and ligaments to perform tasks. Overexertion – lifting, carrying, pushing, or pulling too much weight – is a primary cause of these injuries. 

 

Work-related musculoskeletal injuries resulting in days missed from work often involve the back. According to the Bureau of Labor Statistics, more than 38 percent of all work-related musculoskeletal injuries involved back injuries. 

 

So if you are reading this article because you hurt your back at work, you are not alone.

 

Is My Job Putting Me at Greater Risk of Injuring My Back? The Industries and Occupations with the Highest Number of Workplace Back Injuries

 

Work-related back injuries are common in all occupations and industries.

 

Job Duties that Increase the Risk of Back Injury

 

You have a greater risk of hurting your back at work if your job involves any of the following duties and responsibilities:

 

• Driving a motor vehicle or heavy machinery

 

• Extended hours or overtime, causing additional muscle weakness and fatigue

 

• Lifting or carrying items weighing more than 25 pounds

 

• One-arm work resulting in muscle imbalance

 

• Operating heavy equipment, including a crane or excavator

 

• Postural movements that can be awkward, unusual, or strenuous, such as climbing, digging, reaching, bending, squatting, crawling, or kneeling.

 

• Pushing and pulling equipment, machines, or carts

 

• Restraining members of the general public, patients, or inmates, putting you at a greater risk of workplace violence 

 

• Stocking shelves or filling orders at a distribution center or warehouse

 

• Stressful work environments with loud noises, gases, fumes, and dust

 

• Working at heights, such as ladders, scaffolds, and roofs

 

• Working the night shift (“graveyard” shift)

 

Employees I Regularly Represent in Work-Related Back Injury Cases

 

In 2018, ten occupations made up 40 percent of all workers comp cases arising from musculoskeletal injuries. You have a greater risk of hurting your back at work if you are a: 

 

• Nurse. As a nurse, you probably spend most of your shift on your feet, moving heavy medical equipment and transferring patients. These activities put you at risk of suffering a back or neck injury. The nursing category includes certified nursing assistants (CNAs) and home health care aides.

 

• Heavy and tractor-trailer truck driver. If your job involves driving, you have an increased risk of suffering whiplash or a back injury in a work-related motor vehicle accident. This category includes light truck and delivery drivers for UPS, FedEx, or Amazon contractors. 

 

• Construction worker. Laborers, electricians, plumbers, painters, forklift operators, welders, linemen, ironworkers, pipefitters, brick masons, crane operators, and roofers spend a lot of time lifting, twisting, climbing, and bending to get the job done. You’re also around heavy machinery and other contractors doing hard work. These acts and situations put you at risk of suffering a musculoskeletal injury to your back. 

 

• Teacher or Childcare worker: Taking care of the educational and basic needs of children is a physical job requiring lots of lifting and exposure to tripping hazards. This can result in back injuries. 

 

• Factory worker: Many of you who work in factories perform tasks repetitively over long periods. Repetitive motion causes muscle fatigue and weakness, which puts you at even greater risk of suffering a sudden injury to your back on the job. You’re also at risk of hurting your back in a forklift accident.

 

• Auto mechanic: As an auto mechanic, you are often bending, twisting, reaching, and lifting while using tools and working around heavy machinery. This puts you in awkward positions that lead to back injuries.

 

• Warehouse worker: I have represented many warehouse workers who suffered back injuries while lifting, pushing, pulling, or carrying heavy loads at a distribution center. This includes many Target, Kroger, Amazon, and Wal-Mart workers. 

  

• Janitor: If you clean hotels or commercial buildings, you likely spend a lot of your shift on your feet, lifting. This puts you at risk of suffering a back injury at work.

 

• Maintenance and Repair worker: If you perform maintenance at a large facility, such as a hospital or factory, or an apartment building or housing complex, you likely do lots of lifting, pushing, and carrying. These job duties often result in back injuries. 

 

• First Responder (Police, Firefighters, and Emergency Medical Technicians): Responding to emergencies requires sudden movements, force, and exposure to hazards. These acts can result in back injuries. 

 

• Retail Sales Workers: Retail jobs require lifting objects and interacting with the public – two activities that put you at risk of a work-related back injury. I’ve represented employees of department and convenience stores such as Macy’s, Dollar General, and Dollar Tree, who suffered back injuries on the job. 

 

• Airline Employees: Flight attendants, pilots, and ground crew with air carriers such as American Airlines and United Airlines work in confined spaces and handle heavy weights. This increases the risk of a workplace back injury.

 

What are Common Causes of Work-Related Back Injuries and Pain?

 

A single traumatic event can cause back pain. Or your symptoms might develop gradually due to repetitive activity or motion over time. 

 

The distinction is significant because some states’ workers comp laws do not cover cumulative trauma injuries. 

 

Common acute traumas resulting in back injury include:

 

• Car accidents

 

• Construction site accidents

 

• Falls from heights

 

• Lifting accidents 

 

• Powered equipment and forklift accidents

 

• Trip and fall accidents

 

• Truck accidents

 

• Slip and fall accident

 

• Someone else’s negligence or intentional act. For example, a co-worker dropping an item that you are tandem carrying, another driver making a mistake that causes an automobile accident, or your employer failing to provide help in the form of co-workers or safety equipment.

 

Common Back Injuries and Lumbar Spine Conditions

 

The name given to your back injury is not as crucial to your workers comp case as the recommended treatment and disabling nature of your pain. 

 

However, the exact diagnosis provides clues to what you can expect, impacting the insurance carrier’s settlement offer for your back injury.  

 

Work-related back injuries fall into the following categories: 

 

Lumbar Sprains and Strains

 

Your spine is held in place by muscles, ligaments, and tendons. 

 

Ligament injuries are called sprains.

 

Injuries to muscles and tendons are called strains.  

 

Lumbar strains and sprains are common work-related injuries. These types of musculoskeletal impairments are referred to as lumbago when they are not accompanied by radiating pain. 

 

Classification of Lumbar Strains

 

Back strains are classified as follows:

 

• Grade I Lumbar Strain: A Grade I strain is the least severe type of back strain. It results in minor muscle damage and limited functional loss. Often there is no swelling or bruising. 

 

• Grade II Lumbar Strain: A Grade II strain results in some damage to muscle tissue with swelling, tenderness, and bruising. You might have limited use for a period; however, the prognosis is good. 

 

• Grade III Lumbar Strain: A Grade III back strain is the most severe type of lumbar strain. It results in swelling, complete tearing of the muscle, and loss of strength or tendon function. Surgery is necessary for this lumbar strain, and permanent impairment is likely. 

 

Classification of Lumbar Sprains

 

Back sprains are classified as follows: 

 

• Grade I Lumbar Sprain: This injury is the least severe sprain, resulting in minimal functional loss. 

 

• Grade II Lumbar Sprain: This injury results in a painful range of motion, with some functional loss. 

 

• Grade III Lumbar Sprain: A Grade III back sprain causes complete tearing of the ligament and structural instability. You will have functional loss and may require surgery. 

 

Treatment of Lumbar Strains and Sprains

 

Unless you suffer a Grade III lumbar sprain or strain, treatment will consist of resting the back to avoid re-injury, medications to relieve pain, muscle spasms, and swelling, and therapy and reconditioning.

 

Bulging or Herniated Disc in the Lumbar Spine

 

You have 24 moving vertebrae in your spine, nine of which are fused. 

 

A disc sits between each vertebra and acts as a shock absorber that cushions the vertebra from trauma. Each disc has a tough covering, with its interior being soft and jelly-like. 

 

If a disc is squeezed suddenly by the vertebrae above and below it, which may happen when a person is lifting a heavy object or struck in a motor vehicle crash, the disc covering may tear. This is called a rupture. The disk’s interior can squeeze through the tear and bulge out. This is known as a herniated disk.

 

The disc bulge can compress, irritate, and damage its accompanying spinal nerve root, which causes more pain. A herniated disk can also cause sciatica.

 

The MSU Classification describes the disc herniation’s location. 

 

A Grade A herniation occurs at the midline.

 

A Grade C herniation is a lateral herniation that protrudes into the intervertebral foramen, where the spinal nerves travel.

 

Grade B herniated discs occur between grades A and C, with the facet joint serving as the lateral border’s focal point.

 

A herniated disc may require surgery. For more information on this topic, read my article: Workers Compensation Herniated Disc Injury Settlements. 

 

Sciatica

 

Sciatica is a common cause of back pain and a form of lumbar radiculopathy. 

 

Sciatica is the term given to pain radiating from the low back into the legs and feet because a herniated disc compresses a sacral or lumbar nerve root. 

 

Usually, sciatica affects just one side of the body. But it’s possible to have sciatica impacting both legs. 

 

Treatment for sciatica includes doctor visits, physical therapy, prescription medication, and pain management. If this conservative treatment fails, your orthopedic doctor may recommend surgery.

 

Read this article for more information about workers comp settlements for sciatica.

 

Degenerative Disc Disease of the Lumbar Spine

 

Most of us will have asymptomatic degenerative disc disease when we reach our 30s. This means that objective diagnostic imaging from Magnetic Resonance Imaging (MRI) or a CT scan would show lumbar spine damage, though you have no symptoms. 

 

Lumbar spine degenerative disc disease can take many forms:

 

• Osteoarthritis/Spondylosis: This condition refers to age-related wear and tear of the spinal discs, deterioration of the cartilage protecting the vertebrae, or narrowing of the space between vertebrae

 

• Spinal Stenosis: This condition is a narrowing of the spinal canal resulting in pressure on the nerve roots and other spinal structures

 

• Spondylolisthesis: This condition refers to the displacement (movement) of vertebrae in the low back

 

The extent of the lumbar disc disease, its impact on nerve roots and disc stability, and your symptoms determine if you are a surgical candidate.

 

Lumbar Radiculopathy

 

You might see the term “lumbar radiculopathy” when reviewing your medical records.

 

Lumbar radiculopathy refers to pain, numbness, and tingling that runs from your back down your legs or feet. It results from compression, injury, or inflammation of a spinal nerve root. The pressure on the nerve root causes the symptoms you are experiencing.

 

Lumbar spine radiculopathy often accompanies spinal stenosis or a herniated disc.

 

Thoracic or Lumbar Spine Fracture

 

A work-related car accident, slip and fall, or assault can cause a spinal fracture. And a spinal fracture can cause bone fragments from your vertebrae to damage spinal nerves.

 

There are different spinal fractures: compression (wedge), burst, flexion-distraction, and fracture-dislocation.

 

Burst fractures are the most severe type of spinal fracture – I’ve represented many burst fracture victims who became paralyzed. But any lumbar fracture can cause difficulty walking, sitting, standing, or using your arms and legs.

 

If you suffer a spinal fracture, including a compression fracture, you may require surgery. And paralysis may result in the need for home health care or placement in an assisted living facility.

 

Failed Back Syndrome 

 

Each year more than 500,000 Americans have back surgery. Of these, about 100,000 to 200,000 have only partial or no pain relief.

 

If you underwent back surgery but continue to suffer, you may have failed back syndrome, called postsurgical spine syndrome or post-laminectomy syndrome. 

 

The International Association for the Study of Pain (IASP) defines failed back surgery syndrome as: “Lumbar (cervical) pain of unknown origin either persisting despite the surgical intervention or appearing after surgical intervention for spinal (origin) pain originally in the same topographical distribution.” Failed back syndrome can occur after any type of spine surgery but most often occurs after a laminectomy

 

There are several reasons why your back surgery may fail to relieve pain. For example:

 

• You develop spine instability after a laminectomy procedure. I’ve represented many clients who develop this condition after a laminectomy and require a second surgery – often fusion. 

 

• The vertebral bones do not merge after spinal fusion, resulting in a non-union. This condition is called pseudo-arthrosis. 

 

• The operation addressed the back’s wrong level, such as when the surgeon removed the L5-S1 disc when the L4-5 disc was causing pain. This isn’t necessarily medical malpractice. Sometimes the structural defect shown on MRI or CT scans is not causing your pain. 

 

• The surgery repaired the herniated disc, but the disc wasn’t driving the problem. 

 

• The workers compensation insurer issues a medical treatment denial or delays physical therapy and medication post-surgery authorization, slowing down and hurting your recovery. 

 

• Scar tissue forms after the surgery. This condition is called post-operative epidural fibrosis or adhesive arachnoiditis, depending on the scar location.

 

• You develop an infection after the surgery that damages the spinal lining (epidural abscess) or one or more vertebra (vertebral osteomyelitis). These infections may require hardware removal.

 

• The surgery addresses the spine, but there are other causes of your pain, and spine damage is only one.  

 

• The surgery damaged a nerve or nerve root. Laceration of a nerve root can cause pain. 

 

• You suffer a recurrent disc herniation after the surgery. 

 

• You develop spinal stenosis as a complication of back surgery. 

 

• You return to work too soon, or your physical activity level (lifting, squatting, bending) exceeds your medical restrictions.

 

Failed back syndrome is a big problem. Those of you living with it may have a lower quality of life than those with other pain conditions such as Chronic Regional Pain Syndrome (CRPS, also called Reflex Sympathetic Dystrophy), Fibromyalgia, and Rheumatoid Arthritis. And the loss of enjoyment of life and ability to work, combined with the cost of medical treatment, equals tens of billions of dollars per year.

 

Sacroiliac (SI) Joint Disease/Sacroiliitis 

 

Sacroiliitis is the medical condition involving inflammation of one or both of your sacroiliac joints. 

 

The sacroiliac joints are where your lower spine and pelvis connect. 

 

Sacroiliitis can cause pain in your low back and buttocks, extending down one or both legs. 

 

What is the Average Workers Compensation Settlement Amount for Back Injury and Lumbar Spine Degenerative Disc Disease? 

 

The potential settlement value for a work-related back injury claim depends on how the trauma impacts the lumbar spine, the medical treatment required (surgical vs. non-surgical), and whether you have permanent restrictions that prevent you from returning to your pre-injury job. 

 

In my experience, the average workers comp settlement amount for low back injuries ranges from $45,000 to $500,000 or more, depending on the need for surgery or a career change. 

 

This is higher than the average settlement amount for work-related upper back injuries is lower, ranging from $35,000 to $175,000 or more. 

 

The average workers comp settlement amount for failed back syndrome is from $125,000.00 to $650,000.00 or more. Your claim has more value if you require pain management for the rest of your life and will have permanent light-duty restrictions that prevent you from returning to your pre-injury position.

 

The potential for surgery explains the difference in typical settlement amounts for upper and low back injuries, and even with similar injuries and lumbar spine conditions. Many low back injuries require spine surgery, while few upper back and thoracic spine injuries do. 

 

My estimates are consistent with data from the National Council on Compensation Insurance (NCCI). According to the NCCI, the average workers compensation costs for a low back injury were about $37,000, while insurers paid about $33,000 for a claim involving an upper back injury.

 

The Occupational Safety and Health Administration’s (OSHA’s) data also supports my ranges. According to OSHA, the average cost of a workers comp back injury claim is between $40,000 and $80,000 per employer. This amount includes medical treatment, wage loss benefits, vocational rehabilitation services provided when the case remains open, and a negotiated settlement.

 

What Factors Impact the Fair Amount for a Workers Compensation Back Injury?

 

Several factors determine the appropriate settlement range for your work-related back injury.

 

These factors include:

 

Does the Medical Evidence Show that You Suffered a Back Injury and That the Work Accident Caused or Contributed to It? 

 

Collecting medical records is one of the first steps an attorney takes in a personal injury case. This involves submitting a Medical Records Release Letter and Authorization to Disclose Information Form to your medical providers and using the HITECH Act to keep legal expenses low. 

 

When reviewing a client’s medical records, I look for:

 

• The patient’s medical histories to see if they describe a work-related accident or any later non-work-related incidents (car crashes, lifting things at home, etc.).

 

• Past reports of back pain and whether the symptoms included radiating pain

 

• Other orthopedic or autoimmune conditions that could explain the back pain and other symptoms

 

• Physician statements on causation, specifically whether the work-related accident caused the injury.

 

• Physician statements on disability from work and, if you’re disabled from work, whether you’re capable of light-duty or no work at all. 

 

• Tests and signs showing back pain or lumbar spine conditions such as:

 

• • Muscle atrophy

 

• • Palpation (tenderness) to touch

 

• • Range of motion testing

 

• • Straight Leg Raising Test

 

• • Waddell Signs

 

• Results from diagnostic imaging tests such as:

 

• •  X-Rays that look for spinal fractures, 

 

• • Computerized Tomography (CT) that assess the spinal structures for a herniated disc or stenosis, 

 

• • Myelogram that uses dye to help the radiologist get a better view of any spinal cord nerve root compression, 

 

• • Magnetic Resonance Imaging (MRI) that creates an image of the soft tissues of the lumbar spine, 

 

• • Electromyography (EMG) and Nerve Conduction Studies (NCS) that confirm lumbar radiculopathy, 

 

• • Ultrasound that detects tears in the lumbar muscles, ligaments, and tendons, and 

 

• • Discography that attempts to reproduce symptoms to determine their origin

 

I use this information to:

 

• Determine if I’ll need to differentiate the current injury from a past back injury or lumbar spine conditions. You can differentiate injuries by showing changes in symptoms and periods where you were capable of working. 

 

• Determine if I’ll need evidence showing that the work-related back injury worsened degenerative disc disease. Suppose your work accident aggravates, accelerates, exacerbates, flares, or contributes to a pre-existing condition, such as degenerative disc disease in the back. In that case, you may receive workers comp benefits and a settlement. You only need to show that the work injury was a cause of the ongoing disability and need for treatment, not the primary cause.  

 

• See what doctors are most likely to provide helpful evidence. Then I contact these doctors for narrative reports or questionnaire responses stating the exact restrictions and limitations my client has because of the back injury. These reports should discuss the ability (or inability) to sit, stand, walk, lift, carry, push, or pull, as well as the side effects of any medication taken for the condition. A physiatrist’s or orthopedic surgeon’s report usually has greater weight than a primary care provider’s statement.

 

• Assess whether I should send my client for an Independent Medical Examination (IME) with a physiatrist, orthopedist, chiropractor, or neurosurgeon. I do this to develop evidence supporting the treating physician or countering a treating doctor who refuses to help with litigation. 

 

• Decide if I need to subpoena witnesses to testify about their observations of the client’s pre- and post-injury capabilities and changes

 

Do You Have an Award Order Covering the Work-Related Back Injury?

 

A Workers Compensation Award Letter is one of the few ways an injured worker can obtain leverage in settlement negotiations.

 

There is a strong likelihood that the insurance company will deny your back injury claim initially. Or that if it accepts that you suffered a back injury at work, it will offer an agreement form that covers only a lumbar strain and not your lumbar spine.

 

But suppose the insurance carrier accepts that you suffered a back injury and agrees to the entry of an Award Order that covers all injured body parts. In that case, your case has more settlement value because it will be more difficult for the insurer to escape liability for wage loss and medical benefits.

 

You can also receive an Award Order by proving your case at a trial.

 

Do You Need Surgery for the Back Injury?

 

A primary factor in determining the workers comp settlement amount for a back injury is whether you need surgery or only conservative treatment.

 

Conservative Treatment for Back Injuries 

 

Conservative treatment for back injuries includes:

 

• Cold therapy to reduce inflammation and muscle spasms

 

• Heat therapy to reduce pain and relax sore muscles

 

• Non-steroidal anti-inflammatory drugs to reduce swelling

 

• Epidural Steroid Injections (ESIs)

 

• Spinal nerve blocks

 

• Acupunture

 

• Chiropractic care and adjustments

 

• Physical therapy

 

• Massage

 

• Aquatic (water) therapy

 

• Prescription medications

 

• Work hardening

 

Types of Back Surgery in Workers Comp Cases

 

Some of you will require more than conservative treatment for your back injury. You’ll need surgery. 

 

There are several surgical options for back pain. 

 

• Laminectomy/Decompression: In this procedure, the surgeon removes bone from the vertebrae to open the spinal column and reduce pressure on the nerves. 

 

• Discectomy: This procedure removes the herniated disc that is pressing on the nerve root or spinal cord. 

 

• Spinal Fusion: In this procedure, the surgeon removes the spinal disc between two or more vertebrae, then fuses the vertebrae using a bone graft or metal hardware (screws, rods, etc.) 

 

• Vertebroplasty and Kyphoplasty: These procedures repair compression fractures related to trauma or osteoporosis.

 

• Foraminotomy: In this procedure, the surgeon enlarges the hole where a nerve root exits to prevent a bulging disc from pressing on the nerve. 

 

• Total Disc Replacement: In this back procedure, the entire herniated disc is removed, then replaced with an artificial disc. 

 

• Radiofrequency Denervation (Ablation): This procedure uses electrical impulses to interrupt nerve conduction. This nerve conduction is what signals the pain you are experiencing

.

• Spinal Cord Stimulator: Spinal cord stimulation is considered an effective alternative to surgery for patients with neuropathic (radiating) leg pain after back surgery. 

 

Some of these procedures are performed together, such as laminectomy and discectomy. 

 

Other procedures, such as spinal fusion, are performed when another back surgery has failed. 

 

Cost of Medical Treatment and Surgery for Back Injuries

 

Most workers comp settlements include a cash buyout of future medical needs. You will need to calculate projected medical expenses for the back injury, including any aggravations and additional episodes you might experience in the future. 

 

Below is information to help you calculate a fair back injury settlement: 

 

• Doctor visits: On average, each visit costs between $100 and $200.

 

• Diagnostic testing: At a minimum, most doctors recommend an X-ray to ensure you did not suffer a lumbar spine fracture. If your injury does not resolve after conservative treatment, you will likely undergo a lumbar spine MRI. An X-Ray costs several hundred dollars, and an MRI costs between $1000 and $2000. You may need multiple diagnostic imaging tests. 

 

• Medication: Your doctor may recommend over-the-counter pain medication to treat your lumbar strain. Or you may get a prescription for stronger pain medication and muscle relaxers. Depending on the type of drugs, you may spend between $100 and $400 per month for medicine.

 

• Physical therapy: Each therapy session costs between $50 and $200 per visit. You may require more than one round of physical therapy for your lumbar strain, with each round consisting of 10 to 20 sessions.

 

The need for surgery increases the potential workers comp back injury settlement value.

 

Lumbar spine and back surgeries cost anywhere from $25,000 to more than $150,000.00. 

 

A lumbar discectomy or laminectomy costs from $25,000 to $75,000, with a spinal fusion ranging from $80,000 to $150,000 or more. 

 

Many of you will require continued pain management post-surgery, especially if you are diagnosed with failed back syndrome. You might even need additional surgery. Include these risk and possibilities in your settlement evaluation. 

 

How Much Did You Earn When You Hurt Your Back?

 

Your pre-injury earnings determine the amount of workers compensation payments.

 

Your case is worth more if you earned more money when injured.

 

What are the Physical Requirements of Your Pre-Injury Job? 

 

All other factors equal, your back injury claim has more value if your pre-injury job was physical. By that, I mean that your job involved lifting, carrying, standing, walking, running, or driving – more than sedentary desk work. 

  

For example, a nurse or construction worker who suffers a back injury on the job and undergoes a lumbar fusion will likely have permanent restrictions that prevent them from returning to the pre-injury position.

 

On the other hand, a person with a sedentary job that requires no lifting who injures his or her back in a work-related car crash and undergoes a diskectomy may be able to return to work with no problems within a few months of the accident.

 

Suppose you are unable to return to your pre-injury job because of a work-related back injury. In that case, you will be eligible for more temporary total disability and temporary partial disability payments. Studies show that more than 25% of you will experience a total disability of 6 months or more because of your back injury. 

 

You will also be eligible for vocational rehabilitation services at the employer’s expense. These services, designed to find alternate employment, are expensive.

 

Did Your Back Injury Cause Permanent Impairment of the Legs or Arms?

 

You are eligible for permanent partial disability benefits if the back injury results in permanent loss of use and function of one or more legs or arms. 

 

These benefits are payable even if you have returned to full duty work. But you must prove that you have reached Maximum Medical Improvement (MMI) for the back injury and obtained a permanent impairment rating signed by a medical doctor. 

 

Do You Have to Resign to Settle?

 

Many employers and insurers ask for resignation as part of the settlement.

 

Studies show that an injured employee is more likely to have a second (or third) workers comp claim. Insurers want another company to be liable for the next case.

 

Ask for additional settlement monies if a resignation is required.

 

What are Defenses Available to the Insurance Company to Deny the Back Injury Claim?

 

Insurers and claim administrators deny many back injury claims initially. This is because of the potential cost of lifetime medical treatment for back injuries and the possibility that you will be out of work for an extended period.

 

But you can fight the insurance company’s denial and use the workers comp discovery process (interrogatories, depositions, requests for production of documents, subpoenas) to find the defenses and determine how to defeat them. 

 

Typical workers comp defenses in back injury claims include: 

 

• Disputing causation or the nature and extent of the disability because you had a pre-existing injury or reported back pain in the past. 

 

• Alleging a failure to file within the statute of limitations for initial claims for benefits or change in condition applications 

 

• Alleging that your back pain is due to repetitive motion and not a specific event. As long as you can prove that one particular incident was the “straw that broke the camel’s back,” you can get workers comp even if your job involves repetitive acts. 

 

• Stating that your back injury resulted from willful misconduct, including violating a safety rule or traffic statute, or workplace intoxication or drug use. I have seen many insurance companies argue that a back injury claim should be denied because the injured worker did not use proper lifting techniques. But negligence is not a defense to workers comp claims.

 

• Pointing to normal MRI or CT Scans or a physician’s statements that your pain complaints do not match the lumbar spine MRI findings. You can overcome this defense. Though some back pain cases are associated with abnormalities of the spinal cord or lumbar discs, many are not. A negative MRI does not mean you are faking a back injury or capable of your pre-injury job.

 

No matter why the insurer denies your back injury claim, you have the right to your day in court before the Workers Compensation Commission. I recommend pursuing benefits no matter what the insurer says – and hiring an attorney to fight for you. 

 

Other Factors Affecting the Settlement Value for a Back Injury

 

Research indicates that you have a greater likelihood of developing long-term pain or failed back syndrome if:

 

• You underwent multiple back surgeries. The probability that surgery will alleviate pain decreases with each surgery you have. Some studies indicate that you have a 30% chance of success after two surgeries, a 15% chance of success after three surgeries, and only a 5% chance of success after four back surgeries.

 

• Your surgeon performed a single-level decompressive laminectomy with no known multi-level involvement. The data indicates this type of procedure is unlikely to relieve your pain.

 

• You are a cigarette smoker. Some orthopedic surgeons and neurosurgeons will refuse to operate until you stop smoking or cut back on the number of cigarettes each day. 

 

• You are morbidly obese.

 

• You suffer from depression, anxiety, or Post-Traumatic Stress Disorder (PTSD). 

 

• You lack transportation to and from your medical appointments.

 

• You have a stressful domestic life (spousal abuse, divorce, etc.)

 

• You are going through litigation. Don’t be surprised if the insurance carrier or a third-party claim administrator alleges you are faking or exaggerating the pain for financial gain. 

 

• You are elderly or immunocompromised. Both of these conditions put you at greater risk for post-surgery infection and a slower recovery. 

 

Contact a Top-Rated Lawyer for Workers Comp Back Injury Claims

 

Because back pain is common, insurance carriers often dispute and challenge workers comp claims arising from back injuries. 

 

But with a skilled attorney, you can get the workers comp benefits and settlement you deserve – even if you have pre-existing lumbar spine disease or suffered a back injury before. 

 

Receiving these benefits is important because once you have low back pain, there is a good chance you will have another occurrence within a year. You are at greater risk of chronic, recurrent episodic back pain throughout your career, causing multiple absences from work. And the only way to get medical and financial protection for what may happen in the future is to pursue your back injury claim now.

 

I understand that a back injury at work can cause physical disability and mental stress, depression, and anxiety. Many of my clients qualify for workers comp and Social Security Disability for back pain that affects every area of their life. And I am ready to use my knowledge and ability to help you get every medical treatment and dollar you deserve. 

 

Call now for a free consultation: 804-251-1620 or 757-810-5614. With offices in Richmond, Newport News, and Maryland, I help employees with back injuries across the state, including those of you in Virginia Beach, Norfolk, Chesapeake, Suffolk, Hampton, Williamsburg/James City County, Petersburg, Fredericksburg, Staunton, Stafford, Manassas, Fairfax, Winchester, Roanoke, Harrisonburg, Bristol, and Abingdon. But you must act fast – you have only thirty days to give written notice of the accident to your employer (you can use my sample work injury report letter) and two years to submit a claim to the Workers Compensation Commission.