The average workers’ comp back injury settlement is $44,158, according to the National Safety Council. However, your potential settlement depends entirely on your specific circumstances.
This average can rise or fall depending on whether the injury is to your lower or upper back and on its severity.
At Matt Fendon Law Group, we’ve negotiated the highest settlement in Arizona workers’ compensation history, and we will apply the same effort to get you the compensation you’re entitled to.
If you have suffered a back injury, call the Matt Fendon Law Group at (800) 229-3880 or contact us online to schedule a free workers’ compensation consultation with a workers’ compensation lawyer.
Average Workers’ Compensation Back Injury Settlement Amounts
How much compensation you might receive in a fair settlement for your workers’ comp claim depends on several factors. Consider:
- The average workers’ comp back injury settlement amount is $44,158, according to data from the National Safety Council.
- The highest workers’ comp settlement for a back injury in Arizona was more than $7 million.
- If your back injury requires treatment in a hospital’s acute care unit, the average length of stay is about 10 days. Rehabilitation hospital stays average 30 days.
- Fewer than 1 percent of injured workers who suffer a spinal cord injury will recover fully by the end of their initial hospital stay. In many cases, even successfully treated back injury patients (surgery, therapy, etc.) continue to experience symptoms for years after the date of the injury.
- For an injured worker, resuming work after a spinal injury is frequently impossible. 10 years after a spinal cord injury, only about one-third of injured employees are employed again. Only one-third of such injured workers will ever return to work.
- About one-third of spinal cord injury victims will require a hospital readmission for their injury, with its related future medical costs. The average length of stay for a readmission is 18 days.
Causes of Work-Related Back Injuries
Work-related back injuries trace to one of three main causes: muscle strains and joint sprains, herniated discs, and fractured vertebrae.
Muscle Strains and Joint Sprains
Strains and sprains are back muscle injuries. The difference between a strain and a sprain is that a strain usually results from twisting or pulling a muscle or tendon, while a sprain typically occurs when a spinal ligament is forced out of its normal position due to a fall or other trauma.
Symptoms of a back strain or sprain include pain, swelling, muscle spasms, cramps, and difficulty with motions such as bending, walking, sitting, or standing. In some cases of back sprain, injured workers report feeling the joint “pop.”
Herniated Discs
In your spinal column, a disc is the cushion that is positioned between each of the vertebrae bones to keep them from grinding together and to allow your spinal column to flex. Each disc consists of an exterior casing enclosing a soft, jelly-like core. A herniated disc occurs when the outer disc casing tears, allowing the soft-core material to protrude. This is why a herniated disc is also known as a “bulging” disc.
Herniated discs are often the result of compression injuries. They usually occur in the lumbar spine (the lower back), but herniated discs in the neck are also common.
Fractured Vertebra
A vertebra is one of the round bones that, together with spinal discs, protect your spinal cord as it runs along the length of your back and neck. Vertebrae is the collective term for multiple vertebral bones.
A fractured vertebra is one that has developed a crack, also known as a compression fracture (or spinal fracture). Sometimes this happens because of the advancement of old age, but in a work context, it can be the result of a fall or other trauma.
Symptoms of spinal fractures include back pain that can be intense and acute or chronic. A fractured vertebra can also make it harder to maintain proper posture due to the pain involved.
Additional Considerations for Spinal Cord Injuries
Doctors and insurers divide your spinal column into four regions: cervical (neck), thoracic (chest), lumbar (lower back) and sacral (hips). The symptoms and severity of your spinal cord injury depend in part on which of these regions your back injury affects.
Cervical Injuries
These are the most serious injuries to the spinal cord because of the proximity to the brain. Because the spinal cord is the mechanism through which the brain controls your ability to move your arms and legs, a cervical spinal cord injury can affect the use of all your limbs.
Thoracic Injuries
Thoracic spinal injuries can affect the use of your arms and hands. They can also affect the function of your chest and abdominal muscles.
Lumbar Injuries
An injury to the lumbar area of the spinal cord can interfere with the use of your hips and legs, up to the point where you may need a wheelchair or braces to move. Sprains and strains of the lumbar area can also be among the most intensely painful types of acute back injury.
Sacral Injuries
Compared to a lumbar injury, a sacral injury is less likely to result in loss of your ability to walk. An injury to this part of your spine can affect your hips, thighs, and buttocks.
Complete Versus Incomplete Spinal Cord Injuries
Under Arizona’s workers’ compensation system, spinal cord injuries fall into one of two classifications: complete or incomplete. A complete injury is one that causes permanent damage to the area where the injury occurred and can lead to partial or total loss of use of parts of the body (paraplegia or tetraplegia).
An incomplete spinal cord injury is one that causes partial damage to the cord itself. How much an incomplete injury affects your ability to use your limbs, and how much or whether medical treatment and therapy can be effective, depends on the severity of the injury, your medical history, and your overall health.
How Work Injuries Can Cause Back Pain
One of the symptoms that you will likely experience with any back injury at work is physical pain. Doctors categorize back pain into three types: acute, subacute, and chronic.
- Acute back pain occurs suddenly and can be the most intense form of pain, but it also tends to be of short duration, usually a few days to no more than a few weeks. Lower back strains and sprains, herniated discs, and fractured vertebrae can all cause acute back pain.
- Subacute back pain can occur suddenly or gradually. Subacute pain usually persists for about 4 to 12 weeks. Injuries from muscle overexertion or overuse are two examples of how subacute back pain can happen.
- Chronic back pain, like subacute back pain, can happen suddenly or gradually. Chronic back pain is a condition that affects you daily and lasts for longer than 12 weeks. Chronic back pain can come from repetitive stress on the lower back or can be a lasting consequence of a more serious back injury, like damage to nerve endings surrounding the vertebrae or injury to the spinal cord.
Treatment of Back Injuries
Back injury treatment can be simple or complex, short-term or long-term, depending on the type and severity of the injury.
Back strains and sprains are usually easy to treat, especially if treated soon after the injury occurs, as delaying medical treatment can lead to further aggravation. Treatment is often home-based, using a cold compress to reduce the pain and swelling that accompany a muscle injury and an over-the-counter pain reliever for the accompanying pain.
Often, you can resume activity after one or two days. If pain and swelling continue for two weeks or more following the date of your injury, then it is a good idea to consult with a doctor to make sure you aren’t dealing with a more serious medical condition or injury.
Treatment of Herniated Discs
Often, a herniated disc will heal on its own over time. Herniated discs seldom require surgery.
Treatment usually involves reducing the use of the affected part of the back, along with pain medication. Treatment might start with over-the-counter pain medications or prescription medications in more severe cases, including neuropathic and muscle-relaxing drugs and cortisone injections.
In some cases, physical therapy can also be a part of treatment.
Treatment of Fractured Vertebrae
Treating a fractured vertebra usually involves rest, pain medication, physical therapy, and possibly wearing a brace. Sometimes, minimally invasive surgery is necessary.
Surgery is usually not needed to treat a herniated disc. Your doctor will discuss your treatment options, which may include rest, epidural injections, medication, or physical therapy.
How the Fendon Law Group Can Help With Your Workplace Back Injury Claim
At Matt Fendon Law Group, we have more than 40 years of combined experience in Arizona Workers’ Compensation law. We offer a free consultation so that we can evaluate your workers’ comp claim and provide you with the best advice possible for your workers’ comp settlement.
When your back injury at work can cost thousands in medical bills or even a million dollars or more to treat, the stakes are too high not to have an experienced, capable workers’ compensation attorney to help you.
In settlement negotiations with the insurance company, our Arizona workers’ compensation lawyers will make sure that your workers’ compensation benefit application is complete and supported by the best available evidence. We will also ensure it addresses any challenges your employer’s insurer may raise. And we see to it that your settlement for a work-related back injury includes all the medical benefits you need, including future medical treatment.
Call us today at (800) 229-3880 or contact us online to speak with one of our Arizona workers’ compensation lawyers and schedule a free claim evaluation consultation.
