The average settlement for work-related back injuries in Florida is between $2,500 and $35,000.
The circumstances of your injury dictate how much you recover in workers’ compensation. Mild back sprain or strain not requiring surgery usually falls on the lower end. Severe back injuries bring higher settlements in the five-digit region. However, your compensation may be higher regardless of your condition based on your economic and noneconomic damages.
Types of Damages in Workers’ Compensation Claims in Florida
Different types of damages are available in workers’ compensation claims in the state of Florida. They are economic, noneconomic, punitive and pain and suffering.
Economic Damages
Economic damages are common in workers’ compensation back injury claims. They are available for out-of-pocket expenses from your medical treatment, ongoing care, lost wages and lost earning capacity. You can also recover these damages for rehabilitation or physical therapy.
Noneconomic Damages
Noneconomic damages have no attributable financial value. According to Florida Statute 766.202, they include losses directly from an injury such as loss of enjoyment of life, mental anguish and physical impairment.
Punitive Damages
Depending on the circumstances of how your back injury occurred, you may recover punitive damages. For example, an employee dispute at work causes a coworker to physically assault you. Punitive damages exist to punish a defendant for outrageous conduct.
Pain and Suffering
According to Florida Statute 627.737, pain and suffering damages are sometimes available in back injury claims. They apply if you have been left permanently disabled or impaired, scarred or disfigured or you have permanently lost a significant bodily function.
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Factors Influencing Settlement Amounts in Florida
In Florida, different factors often influence settlement amounts. They include the severity of the back injury, medical expenses, lost wages, potential permanent disability and insurance company practices.
Severity of Back Injury
The more severe a back injury, the more it affects the victim and their settlement. The person might need continuous treatment and rehab and could be out of work for lengthy periods or indefinitely. This warrants higher compensation to cover their expenses and damages.
Medical Expenses
Medical expenses can be high after a work back injury. The victim may initially have to pay out of pocket, so they are entitled to a higher settlement.
Lost Wages
When a back injury prevents you from working, it impacts your settlement. According to Florida Statute 440.14, your amount is determined based on your weekly wage over your last 13 weeks of work.
Potential Permanent Disability
A back injury can potentially become a permanent disability. This affects your settlement as you may be entitled to permanent partial disability (PPD) benefits. These are weekly payments making up 66.67% of your average weekly wages.
Insurance Company Practices
Insurance companies often don’t want to pay injured victims and claim the injury was preexisting. If they agree to settle, they might use common practices such as making a lowball offer. This is insufficient to cover the person’s damages.
Common Types of Back Injuries at Work in Florida
Workplace accidents and incidents often result in certain types of back injuries. The most common are herniated discs, lumbar strains and sprains and other injuries.
Herniated Discs
In Florida, one of the most common work-related back injuries is a herniated disc. The cushioning between bones in the spine becomes dislodged, causing pain and discomfort while moving. This can lead to numbness, tingling or weakness in the arm or leg.
Lumbar Strains
Certain jobs require heavy lifting and repetitive bending. This can cause lumbar strain, a lower back injury that can cause shooting pains and muscle spasms.
Sprains and Other Injuries
A back sprain develops when tendons or muscles are affected. This causes pain in the area as well as limited range of motion. Other back injuries may include spinal cord damage or fractures. They can be debilitating, long-term or even permanent and disabling.
Common Causes of Occupational Back Injuries in Florida
Certain things cause occupational back injuries. The most common are workplace accidents, repetitive stress and heavy lifting.
Workplace Accidents
A workplace accident can cause back injuries in myriad ways. One of the most common is a slip-and-fall that lands the victim on their back. This can happen from a height or even at floor level. Certain jobs can result in struck by or caught between accidents. Workers can sustain back injuries from these situations. Those who drive for work can also suffer back injuries if they crash.
Repetitive Stress
Repetitive motions can take their toll on a worker’s back over time. These are musculoskeletal injuries caused by performing the same actions over and over. Even sitting at a desk that isn’t ergonomic can cause back problems.
Heavy Lifting
Back injuries often occur at work from heavy lifting. If a worker lifts with their back instead of their legs, it can cause excess strain and pain, limited range of motion and spasms.
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Settlements vs. Verdicts
It’s important to distinguish between settlements and verdicts in work-related back injury cases. This requires understanding the difference, when to opt for a settlement, the pros and cons of settlements, the role of legal representation and the importance of hiring an attorney.
Understanding the Difference
A settlement occurs while a case is in the claims process and usually involves an insurance company. A verdict is handed down by a judge or jury when a case moves to trial.
When to Opt for a Settlement
You should opt for a settlement only when offered a satisfactory amount and evidence is plentiful. It helps to have an attorney on your side to ensure sufficient compensation. Insurance companies are also less likely to take advantage of you.
Pros of Settlements
There are several pros of settlements. Your case is resolved faster and you can control the outcome. Settling is also cheaper than the alternative of going to trial.
Cons of Settlements
There are also cons of settlements. The biggest one is that you are not always assured the compensation you deserve. That could cause problems when paying off your out-of-pocket expenses.
The Role of Legal Representation
Legal representation is sometimes necessary in cases involving workplace back injuries. An attorney can protect your interests and ensure you’re treated fairly. They can fight to get you the best compensation to cover your damages.
Importance of Hiring an Attorney
If you’re injured at work and your employer or the insurance company denies your claim, you need an attorney. Hiring one gives you the peace of mind that you’re in good hands and can have a strong case built. It gives you a better chance at success and getting the compensation you deserve.
Tips for Navigating Workers’ Compensation Claims in Florida
There are tips that can help when navigating workers’ compensation claims in Florida. They include documenting injuries and treatment, communicating with employers and insurers, keeping records of work history and work impact and understanding your rights.
Documenting Injuries and Treatment
Keep an injury diary and detail how your symptoms have impacted your daily life and activities. Gather your medical records explaining treatments you’ve undergone and keep them with your diary to present as evidence.
Communicating with Employers and Insurers
Communicate with your employer if you’re comfortable to do so. Allow your attorney to handle all communications with the insurance company. This lets you know where your claim stands and what to expect as it proceeds.
Keeping Records of Work History and Injury Impact
Gather records of your work history and how your back injury has impacted your ability to perform your job. This is valuable evidence that shows you’re entitled to workers’ compensation benefits.
Understanding Your Rights
You have certain rights after a work-related back injury. You’re entitled to a safe working environment and workers’ compensation even if you’re responsible for a job-related accident or incident. You also have the right to retain an attorney to ensure your best interests are met.
Frequently Asked Questions
How much is workers comp payout in Florida?
The average settlement in Florida ranges from $2,500 to $35,000, with the amount depending on several factors.
What is the average herniated disc settlement in Florida?
How Much Should I Settle for a Lower Back Injury?
Typical compensation for lower back injuries ranges from $20,000 to $50,000, so you should not settle for less than five figures. Consulting with your attorney and reviewing your medical records and expenses can give you an idea of the settlement you should recover.
Can I Sue My Job for a Back Injury?
In most cases, you can’t sue your job for a back injury in Florida because the law requires going through the workers’ compensation system. The only exception is if your employer deliberately caused your injury.
How Much Compensation Can You Get from a Back Injury at Work?
On average, you can get anywhere from $2,500 to $35,000 for a back injury at work.
What Work Injury Pays the Most?
Amputation is the highest-paying work injury.
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We specialize in personal injury claims.
