7 Factors Affecting Worker’s Compensation Settlement for Back Injuries
Back injuries can be excruciating and debilitating, making it difficult or impossible to return to work. You may be entitled to a worker's compensation settlement if you've been injured. However, filing for worker's compensation can be complex and confusing. An experienced work-related injury lawyer can help you navigate the process and ensure you receive the total amount of damages to which you're entitled.
A worker's compensation settlement can provide much-needed financial support while you're out of work, covering expenses such as medical bills and lost wages. Sometimes, a worker's compensation settlement may also include punitive damages. If you've been injured on the job, read on to learn more about the compensation you deserve.
Causes of Back Injuries at Work
Back injuries at work are, unfortunately, quite common. They can be caused by various factors, including repetitive actions, physical labor, traveling long distances, and more. Let's take a closer look at the leading causes of back injuries.
Repetitive Actions or Duties
This is because performing the same motion over and over again can put a strain on the muscles and joints. If you have a job involving repetitive actions, you must take breaks often and stretch your muscles regularly.
Physical Labor
If you lift heavy objects or perform other physically demanding tasks, you're putting yourself at risk for an injury. It's essential to use proper lifting techniques and to take breaks when needed.
Traveling a Great Distance
This is because sitting for long periods can cause the muscles to become tense and sore. If you have a job that requires a lot of travel, be sure to take frequent stretching breaks and to get up and walk around as much as possible.
Atypical Positions
This includes positions that are not typically considered ergonomic, such as leaning forwards while working at a computer. These positions can cause the muscles and joints to fatigue, leading to pain and discomfort.
Operating Forklifts and Heavy Machinery
This is because the vibrations from the machinery can put a strain on the muscles and joints. You must take breaks often and wear proper safety gear when you operate heavy machinery.
Suspensions and Strains
These injuries are caused by lifting, pulling, or twisting motions that stress the back. They are often the result of incorrect lifting techniques or excessive weight.
Falls From Great Heights
These accidents occur when people fall from scaffolding, ladders, or rooftops. They can be deadly, and even a short fall can cause serious injuries.
Accident Caused by Falling and Tripping
Accidents caused by falling and tripping often occur when people slip on wet floors or trip over obstacles. They can result in serious injuries, mainly if the person falls backward.
Back Injury Types You Can Sue For
Falls and Slips
Falls and slips are common injuries that can occur on and off the job. They are often caused by wet or slippery surfaces, loose carpeting or flooring, and cluttered walkways. Falls can result in serious injuries, such as broken bones or head injuries.
Large lifting
Large lifting injuries often occur when workers are required to lift heavy objects without proper assistance or training. These injuries range from strains and Sprains to herniated discs and severe other back problems.
Dragging or Pushing a Large Object
Dragging or pushing a large object can also lead to injuries, including strains, sprains, and herniated discs. This type of injury is often caused by improper training or inadequate equipment.
Bad Posture Brought on by Insufficient Back Support
Bad posture, caused by insufficient back support, is one of the leading causes of back injuries. When you sit or stand for long periods without proper support, the muscles and ligaments in your back can become strained. This can lead to pain, stiffness, and, eventually, injury.
Repeatedly Bending or Bending Over Too Long
Bending over repeatedly or for long periods can also cause back injuries. When you bend over, the muscles and ligaments in your back stretch. If you do this too often or for too long, it can become strained or even torn. This can cause debilitating pain and make it challenging to move around.
Things that Make You Have to Twist Your Back
Finally, things that make you have to twist your back can also lead to injuries. When you twist your back, the muscles and ligaments can become stretched or even torn. This can cause severe pain and make it challenging to move correctly. Things commonly cause people to twist their backs include lifting heavy objects and twists and turns during sports or other activities.
7 Factors that Affect Your Worker’s Compensation Settlement
If you've been injured in a car accident, you may wonder how much your compensation settlement will be. Several factors can affect the size of your settlement, including the extent of your injuries, the cost of your medical treatment, and whether you can return to work. Here's a closer look at each of these factors:
1. The extent of your injuries
The severity of your injuries will play a significant role in determining the size of your settlement. Suppose you've suffered a debilitating injury that prevents you from working or living a normal life. In that case, you can expect a larger settlement than someone who only sustained minor injuries.
2. The cost of your medical treatment
Another factor that will affect the size of your settlement is the cost of your medical treatment. If you have incurred substantial medical bills due to your injuries, you'll likely receive a higher settlement to cover those costs.
3. Your ability to return to work
If you cannot return to work because of your injuries, you'll likely receive a higher settlement than someone who can continue working. This is because your lost wages will be factored into the equation.
4. Unpaid medical expenses
One final factor impacting your settlement is whether you have any unpaid medical expenses. If you have outstanding bills for surgeries, physical therapy, or other treatments, these will need to be paid before you receive any compensation from the other driver's insurance company. Consequently, this can reduce the overall amount of your settlement.
5. Benefits for temporary incapacity not paid
Another factor affecting your settlement is whether you've received benefits for temporary incapacity. If you haven't, this can put you at a disadvantage in negotiations.
6. Sanctions from the Department of Workers' Compensation
The Department of Workers' Compensation may also impose sanctions if it finds that your claim is frivolous or you've lied about your injuries.
7. Your personal information, such as your age, life expectancy, marital status, and the likelihood of employment
Finally, personal factors such as your age, life expectancy, and employment prospects can also play a role in determining your settlement. If you have any questions about how these factors may affect your case, you must speak with an experienced attorney who can help you understand your rights and options.
Hire a Work-Related Injury Lawyer Today!
You may be entitled to worker's compensation if you've been injured. However, worker's compensation settlements can be complex, and it's vital to have an experienced lawyer on your side. We have a team of dedicated work injury lawyers at OUCH USA who will fight for you. We understand the worker's compensation system and know how to get results. Contact us today at +1-844-872-6824 or email us at hello@ouchusa.com for a free consultation, and let us help you get the settlement you deserve.