Workers Comp Settlements for Back Injuries
Work-related injuries oftentimes are very serious both from a medical and financial perspective. High on the list of these types of work accidents are back injuries. In negotiating a workers comp settlement for back-related injuries, there are a number of factors that come into play. By understanding these elements, you place yourself in the best position to negotiate the most appropriate settlement for your back injuries.
History
Prior to the enactment of laws specifically designed to provide compensation and coverage for individuals who suffered a workplace injury, workers relied upon whatever health insurance policy they maintained. In some instances, these policies were paid for by the employer.
In many cases the typical health insurance policy failed to provide all of the necessary coverage for the losses sustained by an individual who suffered a workplace injury. For example, a person did not receive compensation for lost wages through the typical health insurance policy. Additionally, the medical expenses associated with a back injury can prove to be significant. Many health insurance policies lacked sufficient coverage to deal with all medical expenses associated with a back injury.
Temporary Benefits
Suffering an injury at work an individual needs immediate compensation in the vast majority of cases. The compensation needed in the aftermath of a work-related injury includes payment of certain medical expenses and lost wages. Through the course of a workers comp settlement process, an agreement typically is reached in which the injured worker receives at least some coverage for certain medical bills associated with the back injury and compensation for at least part of her lost wages.
Permanent Benefits
The negotiation of permanent benefits is the more complex component of an overall workers compensation settlement for back injuries. Unfortunately, many individuals who suffer a work-related back injury sustain permanent damage. The permanent nature of the injury effects that individual's ability to perform certain work-related tasks at the present time and into the future.
The workers compensation system is designed to provide for a rating of the back injury. A numerical value is assigned to the extent of the back injury and how debilitating it will be throughout the course of a lifetime. Part of the compensation an injured worker receives is based on this rating of the extent of damage to the back.
Other permanent benefits will include compensation based on an estimate of future medical expenses. Finally, if lost wages will continue to be suffered by the injured worker, that amount of money will also be part of the final benefit settlement.
Time Frame
In pursuing a workers compensation settlement for back injuries, there are a number of deadlines that a person needs to keep in mind. First and foremost, a worker must notify her supervisor of the injury as soon after its occurrence as possible. The failure to notify the supervisor (the employer) in this manner can result in a denial of any workers compensation benefits.
Other deadlines involve those associated with obtaining an independent medical evaluation. A worker who fails to obtain such an evaluation as set forth under a particular state's workers compensation laws can also face the prospect of seeing a claim denied or dismissed.
Expert Insight
Although a worker theoretically can pursue a workers compensation claim and settlement relating to a back injury on her own, the workers compensation system is complex. Therefore, an individual with a work-related back injury normally is best served by engaging representation from an attorney with experience in workers compensation law and related settlements.
Tags: back injury, workers compensation, associated with, health insurance, lost wages
