What Is The Average Settlement For Whiplash?

If you’re wondering whether you can claim workers compensation settlement for whiplash, yes you can. But it won’t be easy.

A whiplash injury happens when your head and neck are forced forward then backward so suddenly causing a strain on your muscles and tendons and putting extreme stress on your cervical spine. It’s one of the most common types of neck injuries caused by a car accident, especially in rear-end collisions. 

Due to the nature of the injury, the symptoms of whiplash can vary widely. The pain can range from a mild tingling sensation to debilitating. Some people may also experience neck stiffness, shoulder pain, and numbness that extends from the shoulder down to the arms.

Though whiplash injuries rarely cause lasting disabilities, they can still be pretty disabling. Some cases have even resulted in temporary reduced physical and mental capabilities.

So if you’re planning to file a workers compensation claim for whiplash, here’s a quick guide to give you an idea of how much settlement you can expect.

How Much is the Average Settlement for Whiplash?

There’s no actual data that accurately reflects the average settlement for whiplash injuries as most whiplash claims are often lumped together with other neck injuries. According to the National Safety Council, the average settlement for neck injuries including whiplash amounts to $58,507.

Most insurers, however, estimate that the average settlement for whiplash can range anywhere from $2,000 to $10,000. But it can go as high as $100,000 depending on the extent of your injury. 

In general, there is no minimum settlement amount for whiplash injury. But if your symptoms are very mild and you’ve recovered quickly, your compensation will obviously be lower.

For work-related whiplash injuries, the compensation tends to be higher. But of course, this depends on the state. In Florida, the average settlement for neck injuries like whiplash is $33,323 in 2021 alone. But in 2012, the average even went as high as $37,363.

Besides, workers comp settlements typically include medical benefits and lost wages compensation. So your actual settlement amount will depend on the medical and wage loss benefits you’re entitled to.

How Common is Whiplash?

The National Institute of Neurological Disorders and Stroke estimates that around 3 million Americans suffer from whiplash each year. Many of which resulted from a car accident.

The statistics also suggest that people 30 to 50 years of age are more prone to whiplash injuries. This type of injury is also more common in women than men.

Though most whiplash injuries aren’t fatal, more than half of them can lead to some form of chronic symptoms. Pre-existing illnesses like arthritis also increases the likelihood of the injury to cause severe pain.

On average, it takes 17 weeks for the neck to stabilize after a whiplash injury. More than 75% of patients also experience symptoms for up to 6 months after the accident. While 22% of injured patients fail to “return to normal” even after 2 years.

Why It’s Hard to Get Workers Compensation for Whiplash Injuries

Whiplash, as mentioned, is a type of neck injury caused by vigorous and sudden back-and-forth motion. This stretches the tissues and tendons in the neck, damaging them. It can also hurt your cervical spine resulting to severe pain and disabling symptoms.

But unlike most types of injuries, whiplash symptoms don’t usually show up immediately after the accident. And sometimes, the true extent of the injury will only become apparent months later. This makes it hard to get workers compensation for whiplash injuries.

In most states, work-related injuries have to be reported within a certain number of days. Failure to do so will give your employer reason to deny your claim. But if the symptoms take time to show up, reporting your injury on time can be difficult.

Another reason why it’s hard to claim compensation for this type of injury is the nature of the injury itself. You see, soft-tissue injuries like whiplash don’t show up in x-rays or other diagnostic tools. As such, it’s hard to get a medical document to support your claim. This is why whiplash claims are often written off as nuisance claims.

In addition, most whiplash symptoms go away in a week. In Florida, you won’t get wage loss compensation for the first seven days of disability. Some states also have similar rules. This means you’ll only get medical benefits but not your lost wages if you can get back to work within 7 days.