Workplace injuries are common in places that involve a lot of physical labor. Manufacturing and industrial plants often involve a lot of manual labor that can result in severe accidents. If you have recently suffered a back injury at the workplace, you can apply for a workers comp settlement for herniated disc. This settlement amount will help you take care of the medical expenses associated with the necessary surgery.
With the right legal help, you can calculate the exact amount that you deserve for such trials. A professional lawyer can leverage the best settlement amount calculator tools to calculate the amount accurately for you.
The Different Types of Back Injuries
The settlement amount that you can expect from such cases depends on the type of injury that you suffer from. Based on the type of injury you can expect an amount between 2,000 USD to over 200,000 USD.
Sudden Injuries (Acute Injuries)
The sudden injuries are usually not very serious. However, these injuries can cause a lot of pain and suffering if they are not handled properly. Ideally, you should not ignore any minor back pain as an inconvenience. Instead, you should get the necessary medical checkup as soon as possible. Catching the source of the pain at an early stage can help you prevent dire conditions.
The sudden injuries usually happen because of a sudden jerk on the lower back. It can happen when you are trying to lift something heavy or if you fall on a hard floor with a sudden jerk. People who regularly go to the gym and are physically fit are better suited to handle such jerks without any permanent damage.
The overuse injuries grow over time. Unlike the sudden injuries, the pain associated with such injuries grows over a period of a few weeks/months. Such injuries occur due to the consistent exploitation of your back with a heavy load. Overuse injuries are common in high-stress scenarios.
Such injuries may occur even on desk jobs that do not require a lot of manual labor. If you do not have a comfortable position to sit in your office, chances are that your back will take up excessive load more often. This will eventually result in the exertion of the vertebral column. Therefore, it is important that you move around and stretch regularly while planning to sit in an upright position for several hours.
Spondylolisthesis can occur due to both the overuse as well as sudden injury conditions. In such conditions, the base of the spine takes a direct hit. It causes the bones of the vertebral column to slip over each other due to a jerk. The condition is not extremely severe and physical therapy can help a person recover from it within a few weeks.
The victim of such conditions needs to take the right physical therapy and support measures during the treatment. Without the proper measures, the physical condition of the victim can worsen quickly over time.
The Cervical Radiculopathy medical condition is one of the most severe back pain injuries. It can hamper the lifestyle of an individual forever. In this medical condition, the nervous center of the person takes the toll. The nerves around the spinal cord take a hit due to compression received from the nearby cervical bones.
Without the right support measures, the compression can permanently damage the nerves. In such conditions, even a minor jerk will leave the individual completely paralyzed in one or more parts of the body. It can also cause insensitiveness and in the worst cases, the person can go into a coma.
Chronic Pain Syndrome
Chronic pain syndrome is more common among adults after a certain age. People above the age of 40 usually suffer from such conditions. The individuals need to take care of their health and back muscles with regular exercise to prevent such conditions. It is common amongst people with desk jobs who need to sit upright for several hours every day.
Building a case against the worker for chronic pain syndrome is difficult. In such cases, the negligence occurs on both the employee as well as the employer fronts. Employers can prevent such cases by providing comfortable chairs to their employees.
Calculating The Workers Comp Settlement for Herniated Disc Injuries
Depending on the severity of the herniated disc medical condition, a person may claim an amount ranging from 2,000 to 500,000 USD. A lot of other factors apart from the severity of the condition governing the total amount of settlement. The following components can help you get a rough estimate of the amount that you deserve after suffering from a herniated disc medical condition.
1. Type of Injury
The type and seriousness of the injury is the major factor that will govern the total cost of the settlement. Even the case of a complex injury can be bifurcated into three different types. These include low level, medium level, and critical injuries.
- Low-Level Injury – Such injuries can be treated with a few physical therapy sessions and enough care. Such injuries can attract a settlement sum of 10,000 USD at max.
- Medium Level Injury – The medium level injuries require regular physical therapy and assistance from support braces. In such cases, the normal lifestyle of the person suffers for several months to come. In the worst cases, the person is bedridden for several weeks at a stretch. They can attract a settlement offer of up to 50,000 USD.
- Critical Injury – Such injuries require intense surgical sessions. The cost of severe medical conditions can go north of 100,000 USD. These injuries are usually caused due to a major accident at the workplace. Therefore, they attract a huge settlement amount that goes north of a few hundred thousand dollars.
2. Need for Surgery
In case of the critical injuries, the insurance agency of the victim’s company needs to pay for the entire surgical operation and all the related costs. The jury usually sympathizes with people who need to go surgery for such medical conditions. They award the victim a huge settlement offer. The defense counsel realizes that the victim has an excellent opportunity of winning the case at trial. Therefore, it tries to settle the case out of the court.
Under such situations, a reliable lawyer will help you negotiate a fair deal with the insurance agency to get the best settlement offer on the table.
3. Cost of Medical Checkup
The cost of medical checkups too can easily go over a few thousand dollars. Complicated medical checkup procedures like CT scan, X-ray scan, die-injection scans cost several hundred dollars. Getting such checkups at a renowned hospital/clinic can easily put a dent in your wallet. The victim of such medical conditions can recover the cost of medical checkups from the settlement offer.
Top legal firms know how to convince the insurance agency to pay the cost of medical checkups too. If you suspect that something is severely wrong with your back in case of a herniated disc, contact a reputable physician right away. The right medical care will help you avoid an aggravated medical condition at a later stage.
4. Need for Physical Therapy
In the less severe medical conditions, a few physical therapy sessions can help the victim with a complete recovery. On the other hand, the severe medical conditions require surgery plus the necessary physical therapy after the operation. Therefore, physical therapy is an extremely important part of the victim’s recovery progress.
Certified physicians can charge anywhere between 20 USD to 500 USD for an hourly session of physical therapy. A person may require anywhere between 5 to over 100 weekly sessions depending on the severity of the medical conditions. The best lawyers will ask you to choose the top physicians available for the therapy and help you recover the cost of such sessions from the settlement offer.
5. Loss of Pay Settlement Cost
An employed individual will automatically lose pay when he/she is unable to attend the office regularly due to the medical condition. In cases where the individual is busy in getting the necessary medical checkups and treatments, he/she cannot attend the office regularly. This loss of pay can affect the financial strength of a person who relies on a monthly paycheck to support his/her family.
A lawyer can file for a loss of pay settlement cost too to help you recover this money when you are recovering from surgery. When the insurance agency takes care of the loss of pay, the victim can focus his/her energy in recovery instead of worrying about the next paycheck.
6. Negligence of the Employer
Did the accident occur due to the negligence of the employer? If so, your lawyer can form a very strong case for you that will result in a huge settlement offer. Manufacturing industries and factories need to incorporate the necessary safety measures for their employees. They need to ensure that the employees have access to the right tools for doing their job. If the factory/workshop does not have the necessary safety measures, it can face a strong case from the victim.
The jury assesses the cases of negligence with scrutiny and finds the defendant at fault almost every time. Therefore, the defense counsel tries to settle the case out of the court in such situations.
7. Injuries Caused due to Accident
The workers comp settlement amount for back injury is usually higher in cases where the injury occurs due to an accident. In the case of a sudden jerk, the victim faces a higher chance of disc herniation. Therefore, he/she can claim a higher amount in the overall settlement offer.
In the case of an accident, the jury will assess the conditions of the workplace and the safety measures put up by the employer in the factory. In case of insufficient safety measures, the employer faces the risk of paying a heavy settlement amount through the insurance agency.
8. Injuries Caused due to Exertion
In case of injuries that occur due to exertion, getting a fair settlement offer is slightly more complicated. The victim has a stronger case in such cases if he/she has raised concern for exertion in the past. The support from the colleagues of the victim matters a lot too. If the colleagues support the case of the victim, he/she has a better chance of getting a fair settlement offer.
The companies should host employee-centric programs for all their employees regularly. Hosting such programs will help companies create a friendly and happy workplace. The moral of the employees increases with these events which in turn results in higher productivity during office hours.
How To Get The Best Settlement Offer?
There is no set strategy that will guarantee a higher settlement offer from the defense counsel. However, you can always follow a few best practices to ensure that you get all the necessary help for a good settlement offer. You can use these techniques to raise your chances of getting the best settlement offer.
1. Find the Best Lawyers
You have the right to fight your entire case without any legal help. Fighting a case without a lawyer requires a lot of resolve and experience. Most individuals lack the patience and resolve to fight a legal case for a long time. They do not know the best tactics in the book to get a better settlement offer.
If you think you have a solid case against the defendant, you need to hire a lawyer to get the best deal. If you think that you do not have a solid case against the defendant, you need to hire a lawyer to ensure that your inexperience does not affect the case as much.
2. Negotiate the Offer
Negotiation is an extremely important part of the settlement practice. The insurance company will most likely present an unfair offer after the first meeting. If you think that you have a solid case against the defendant, you must negotiate for a better deal. The best lawyers know all the key tips and tricks to carry out an effective negotiation. Their negotiation skills can help you win settlement offers that are exponentially higher than the first offer presented by the defense.
3. Collect Evidence Against the Employer
The quantity and the quality of the evidence that you collect against the employer for your case will determine the amount of settlement offer. If you have multiple high-quality pieces of evidence, you will get a better settlement offer. Such evidence will help your lawyer build a strong case for you and force the defense to pay a higher settlement offer.
Collecting evidence in the case of an injury that occurred due to an accident is simple. However, the back injuries that are caused due to exertion typically have no solid evidence. In such cases, you need to present proof that the employer forced you to deliver work even in cases where he/she knew that you were uncomfortable.
4. Calculate the Pain and Suffering Component of the Claim
The pain and suffering component of the claim, which is often ignored or missed by the plaintiffs, accounts for a huge fraction of the settlement amount. There is no fixed way of calculating this component. Only a professional lawyer has the necessary experience of calculating this amount accurately.
The best lawyers can blow this component of the claim out of proportion to get you a significantly larger deal. With such lawyers, you get an excellent return on investment. Therefore, their high legal fees will give you more money than a more affordable option.
5. Preparing for a Trial
A reliable lawyer will always have back up plans in case the case goes to a trial at the court. In such cases, the lawyer will help you prepare your presentation for the jury. The lawyer will help you streamline your story and create an effective and solid timeline for it so that you can present it effectively. While preparing for a trial, you should not think about settling.
Your lawyer will help you assess the offer made by the defense counsel in an unbiased fashion. Then he/she will recommend settling or going to a trial. The best part about getting into a partnership with a reliable lawyer is that you can rely on his/her suggestion without having any second thoughts.
Looking for the Right Legal Firms
The market is flooded with tons of legal firms today. Most of these firms offer a variety of legal services. So, how do you choose the legal firm that is perfect for your needs? Here are a few characteristics of the top legal firms that you can find in the market today.
Offers 24×7 Support
The top legal firms offer 24×7 support to their clients. Their lawyers are dedicated enough to spend enough time with their clients going over the minute details of the cases. With effective communication, these lawyers can dig into the details of the case and figure out the multiple directions in which the case can go. Then, the lawyers prepare for the different scenarios accordingly.
Access to Huge Team of Highly Experienced Lawyers
The best legal firms have a huge team of experienced lawyers. These lawyers help the firm tackle multiple cases all at once. The lawyers work in a cohesive manner to share knowledge internally and learn from each other. The availability of a large team of lawyers helps the clients of the firm get the necessary support in the shortest period possible.
Has Multiple Contacts in the Industry
Having the right contacts is what helps the top legal firms maintain their position in the market effectively. These firms have contacts in both the judicial sector as well as the medical sector. Therefore, the legal firms can help you connect with the right doctors and physicians who can provide a professional medical checkup at highly discounted prices.
Experience of Dealing with Similar Cases
Ideally, you should choose a firm that has an experience of fighting and winning a case that is like your case. The relevant experience will help the lawyers of the firm tackle complicated situations in the case effectively. The best firms will have a huge library of case studies for their clients and lawyers. Both you, as well as your lawyer, will have unfiltered access to these case studies to prepare for the trial.
Excellent Loyalty and Zest for Truth
The best lawyers will not stop at anything to help you win the case. They will help you with the evidence collection process and make follow all the rules to the book to help you win the best settlement offer.
Affordable Legal Fee Structure
Top legal firms do not exploit the need of their clients. They have affordable pricing structures. Most legal firms do not charge a single penny till they win the case for you. Their legal fee typically comes from the settlement offer. They charge only a small percentage of the settlement offer as their fee. This kind of pricing structure gives them the necessary motivation to win a big deal for you.
Offers Emotional Support in Times of Need
The best lawyers do not offer only legal support. They also offer emotional support in times of need. These lawyers help you keep calm in intense situations during the trial.
The final workers comp settlement for back injury depends on different factors. Most of these factors are out of your control. You need to rely on a professional lawyer to navigate through the technical nuances of the legal matters. You have the right to fight the case without a lawyer. However, all the effort and time that you will put into the case will still not get you the expect offer until you lack the experience.
Choose a reliable legal firm wisely which can represent your case at the court in a fair manner. The best lawyers will help you get the top deal for your workers comp settlement case.