Lower or upper back injury cases are frequent in the workplace. Most workers putting in longer hours complain about having a lot of back injuries. They end up lodging for compensation, especially when they suffer long-term effects.
When such a time comes, it is ideal to contact attorneys from Tom Fowler Law to handle the case. This professional car accident lawyer in Des Moines is a master of their trade.
Before even looking at the average amount a client can get in compensation, they get to know what it entails. The lawyers take them through factors that affect the settlement amount.
Factors to Consider in Determining the Back Injury Settlement Amount
The Nature and Severity of Injury
Lower back injuries tend to be more severe. They range from mild to acute injuries that need medication and rehabilitation. Sometimes, the cases may lead to disability.
A victim may end up spending more time off work. Due to how severe the case may be, a larger compensation claim is ideal for such an injury, like a broken neck and back.
Results in Disability
When a worker suffers a severe back injury, they may not function on their own. Permanent damage means more compensation than a victim with a temporary disability. Most of the amount received from this claim goes towards covering lost earnings.
Effect of the Injury on the Ability to Earn
If the injury leads to full incapacitation, the employee can no longer work. A doctor may even restrict the injury victim from doing certain work or rule out all activities. When such a scenario occurs, the worker is eligible for more settlement.
The Amount of Lost Income
Since some back injuries may be too severe, an employee may be forced to take time off work to recover. When this happens, there is a loss of income that needs to be covered. The compensation claim covers lost wages or income because of missing work. If the affected individual stays longer at home, the settlement amount is higher.
The Circumstances of the Injury
This factor, in essence, refers to how easy it is to prove fault for the injury. If a client's attorney from Tom Fowler Law can prove their client's innocence, the client is in for big money.
However, if these lawyers based in Des Moines, Iowa, cannot, the client may lose out completely. Lower compensation may result from shared fault. The employer and employee are both at fault for the back injury.
Negligence in Injury Management
If the back-injured worker fails to mitigate damages from the injury, they may get a lower amount. There is a need to care for the injury even after lodging a compensation claim.
If the victim fails to honor simple directives from the doctor, it may come back to bite them. Opposing lawyers are good at picking such negligence to push for low compensation.
Average Payout for Back Injury
It is not easy to predict the amount of money a back injury victim can get as compensation. The value may be tricky to determine, whether the injury is from strenuous work or an accident. Based on previous employee compensation, here are some average payouts for back injuries.
● Martindale-Nolo's research places an average payout of between $20,000 and $25,000. The claimants received their pay, but after some time, almost after one year.
● Data from the Occupational Safety Health Administration (OSHA) gives a slightly different figure. The organization puts the figure between $40,000 and $80,000 for back injury claims. This figure is a payment made per employer. Some of the things it covers include medical treatment, bills, costs, and wages lost.
● The National Council of Compensation Insurance (NCCI) provides a different figure as well. The institution's data shows a back injury compensation payout of between $27,000 and $33,000. This amount is a claim for an upper back injury.
● A survey conducted by Lawyers.com gives a rounded average figure of $23,600. This figure took a while to get to the back injury victims.
These figures are an average representation of previously determined cases. They may not portray the true standard value of back injury settlement. Whatever the case may be, contact an attorney from Tom Fowler Law to help.
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