Average Workers Comp Settlement for Herniated Disc

While a herniated disc injury may not be fatal in most cases, it can sometimes be disabling enough to keep you out of work for days or even years. You can claim a l4-l5-s1 workers’ comp settlement if your injury is work-related.

But how much settlement can you get?

In general, estimating the settlement amount from a herniated disc is difficult. Many factors can affect the amount of a workers comp settlement, and each case has different circumstances.

According to OSHA data, a hernia workers comp settlement can cost businesses anywhere from $40,000 to $80,000. At the same time, the National Council of Compensation Insurance (NCCI) estimates that lower back injuries like a herniated disc can fetch an average workers comp settlement of $37,000.

However, a survey revealed that the average workers’ compensation settlement for back injury claims is between $20,000 and $25,000.

To determine how much settlement you should get, you must first understand the nature of herniated disc injuries and how the workers’ comp system works.

UNDERSTANDING HERNIATED DISC

If you’re familiar with our body’s anatomy, you’ll know that our spine is made of stacks of bones. In between these bones is a rubbery disk-shaped material we call the spinal disk. These disks serve as cushions and keep the bones from rubbing together.

While the disk has a rubbery exterior, it is a soft, jelly-like material inside. A herniated disc happens when the rubbery exterior gets damaged, and the jelly-like center pushes out. This can irritate nearby nerves, leading to various symptoms.

SYMPTOMS

A herniated disk can happen anywhere on your spine. The symptoms will depend on where the disk is located and whether or not it’s affecting a nerve. But in general, you can feel:

• numbness or a tingling sensation (if your injury involves a nerve)
• weakness in your muscles, which can affect your ability to walk or hold and lift things
• burning pain in the arms and legs, particularly in the buttocks, thigh, and calf

CAUSES

A herniated disc is often a cumulative injury, meaning it doesn’t happen instantly but results from repetitive movements over time.

This is why people who often use their back muscles to pick up or lift heavy objects are more at risk of getting a herniated disc.

You can also get a herniated disc from a traumatic injury like falling on your back or a hard object hitting your spine, though this is very rare.

In most cases, however, it’s hard to pinpoint the actual cause of a herniated disc. This makes it challenging to claim workers’ compensation.

TREATMENT

The treatments can also vary because a herniated disc injury can vary in severity.

For less severe cases, the doctor may advise you to avoid movements that can worsen your condition. These include lifting heavy objects, pulling, pushing, twisting, or bending sideways. If these movements are unavoidable in your work, you may need to skip work until the pain subsides temporarily.

You may also be advised to take pain medications and muscle relaxants. Some doctors may even recommend cortisone injections if the painkillers don’t work.

In sporadic cases, your condition may need surgery. If the entire disk needs to be removed, you may need to wear a metal plate on your spine for months.

HOW TO CLAIM WORKERS COMP SETTLEMENT FOR HERNIATED DISC

Workers’ compensation laws vary per state. Thus, the process of filing a workers comp claim can also vary. But in general, claiming workers comp settlement for a herniated disc involves the following steps:

1. REPORT YOUR INJURY

Depending on your state, the first step to filing a workers comp claim is to report your injury. Most states only give you up to 30 days to do so. Otherwise, your claim can be denied.

Your employer must inform your insurance provider about your injury. In Florida, your employer must report the injury within 7 days. Failing to do so will give your insurance provider an excuse to deny your benefits.

2. GATHER EVIDENCE TO SUPPORT YOUR CLAIM

After reporting your injury, you must gather evidence to support your claim.

One of the most critical requirements in workers’ comp claims is that the injury must be work-related. However, as mentioned, a herniated disc is usually a cumulative injury, and proving it is work-related can be difficult.

So, if you want to get workers comp for a herniated disc, you need evidence to prove that your injury is indeed work-related. This usually includes:

• medical records
• employment history
• witness testimonies
• doctor/medical expert testimonies

Depending on the nature of your injury, you may also need to provide evidence that it is disabling enough to warrant an absence from work.

3. WAIT FOR YOUR INSURANCE PROVIDER’S DECISION

Your insurance provider will evaluate the evidence you submitted. An insurance adjuster will also be assigned to your case to determine your eligibility for benefits.

If they find your evidence satisfactory, they will approve your claim. But if there’s doubt that your injury isn’t work-related or that it’s not disabling enough, your claim may get denied.

In the latter case, you can still appeal your claim by submitting new evidence or sitting down for a mediation session. If that doesn’t work, you can take your case to court.

WHAT WORKERS COMP BENEFITS CAN YOU GET?

Your workers’ comp settlement amount will depend on the benefits you’re entitled to. Depending on the circumstances of your injury, you may be eligible for:

MEDICAL BENEFITS

In Florida and most states, the insurance company should pay all medical expenses related to your injury. This includes expenses for:

• emergency treatment
• medications
• doctor’s consultations
• surgery (if necessary)
• physical therapy (if required)
• prostheses
• any other costs needed to treat your injury or illness

Remember, however, that your insurance provider must accredit your treating doctor for you to claim medical benefits.

LOST WAGES COMPENSATION

If you’ve missed work because of your injury, your insurance company must compensate you for lost wages. The policy for wage loss compensation varies per state. In Florida, however, you will only receive lost wages benefits for the first seven days if your injury extends to over 21 days.

How much wage loss benefits you’ll get also varies per state. You can generally receive up to two-thirds of your average weekly wage before you get injured. However, it will also depend on whether your injury is total or partial and temporary or permanent. To ensure you’re getting the wage loss benefits you’re entitled to, check your state’s workers comp laws.

DEATH BENEFITS

If, for instance, you died from your injury, your beneficiaries will be entitled to death benefits. This includes funeral expenses, compensation to dependents, and educational benefits to your surviving spouse (if any).

HOW MUCH SETTLEMENT CAN YOU EXPECT?

Though the average workers’ comp settlement for a herniated disc is around $40,000, your settlement can be much lower or much higher than that. As mentioned, each case has different circumstances, and how much payment you’ll receive generally depends on:

• the medical treatments and medications you’ll need
• the number of days you need to stay at the hospital
• how long you’ll be out of work
• whether you’ll receive the settlement in a lump sum or periodic payments