December 12, 2024

Average Workers’ Comp Settlement for Back Injury In Maryland

The average workers' comp settlement for a back injury in Maryland ranges from $20,000 to $50,000, but severe cases involving permanent disability or extensive medical care like a spinal fusion surgery can exceed $100,000. 

Settlements can vary widely based on the severity of the injury, the worker’s age and income, and the jurisdiction in which the claim is filed. For back injuries, settlements often depend on the nature and extent of the injury and whether the worker is expected to make a full recovery.

Shultz Legal can assist you in navigating the complexities of workers' compensation settlements to ensure you receive the benefits you deserve.

worker with back injury

Factors Affecting Workers’ Comp Settlements for Back Injuries

FactorDescription
Severity of InjuryMore severe injuries result in higher settlements
Medical CostsExtensive medical treatments, surgeries, hospital stays, and ongoing care
HospitalizationCosts associated with hospital stays increase the settlement amount
Permanent DisabilityInjuries resulting in permanent impairment or disability increase settlements
Lost WagesCompensation for time missed from work affects the settlement
Future Work AbilityImpact on future work capacity, especially if the injury leads to permanent disability
Follow-up Medical TreatmentsOngoing medical care and rehabilitation needs result in higher compensation

Severity of the Injury

The extent of the back injury is a primary determinant of the settlement amount. Severe injuries, such as spinal cord damage or multiple herniated discs, often result in higher settlements due to the cost of ongoing medical care and the impact on the worker’s quality of life. For instance, the average settlement for back and neck injury caused by a car accident in Maryland ranges from $10,000 up to $200,000

Medical Expenses

Workers’ compensation settlements are designed to cover medical expenses related to the injury, including:

The higher the medical costs, the larger the settlement is likely to be. In fact, surgery can significantly impact a settlement depending on certain factors. 

Lost Wages

If a back injury prevents a worker from performing their job, the settlement will factor in lost wages. Workers’ comp typically provides two-thirds of the worker’s average weekly wage during recovery. For permanent disabilities, settlements may include compensation for future lost earnings.

Disability Rating

A disability rating assesses the degree to which an injury impairs the worker’s ability to perform job functions. This rating is assigned by a medical professional and plays a critical role in determining settlement amounts. Higher disability ratings generally result in higher settlements.

Permanent vs. Temporary Disability

Whether the back injury results in a temporary or permanent disability significantly impacts the settlement amount. Permanent disabilities, which prevent the worker from returning to their previous job, usually result in larger settlements to account for ongoing financial losses.

State Laws

Workers’ compensation laws vary by state, and these laws influence settlement amounts. For instance, some states have caps on workers’ comp benefits, while others allow for more generous compensation. In Maryland, the state’s workers’ comp system provides benefits for medical treatment, wage replacement, and permanent disability, with specific formulas used to calculate awards.

Workers’ Comp Back Injury Settlement Examples 

Lower Back Injury Requiring Surgery

A client tripped and fell over a window pane, sustaining a lower back injury that required surgery. The settlement amount was $130,000.

Lower Back Injury at a Manufacturing Facility

A worker sustained a lower back injury while working at a manufacturing facility. The settlement for this workers' compensation case was $350,000.

Truck Driver with Back and Neck Injuries

A truck driver was involved in a work-related accident when his truck rolled over, seriously injuring his back and neck. Despite the employer/carrier denying permanent disability, the workers' compensation judge awarded permanent total disability, and the case settled for $225,000.

Compressed Vertebrae and Knee Injuries

A truck driver was in a work-related accident, suffering a compressed vertebrae and knee injuries. The workers' compensation carrier denied permanent disability, but the case was settled with a claim for permanent total disability while the client was primarily treating with a pain management physician. The settlement amount was $183,500.

Fall from Company Truck

A client fell off a company truck and sustained lower back injuries resulting in surgery. The settlement for this workers' compensation case was $150,000.

Typical Workers’ Comp Settlement Process For A Back Injury

  1. Filing a Claim: The injured worker must report the injury to their employer and file a workers’ compensation claim.
  2. Medical Evaluation: A doctor will assess the injury and assign a disability rating if applicable.
  3. Negotiation: The worker, their attorney, and the insurance company negotiate a settlement amount based on the injury’s severity and associated costs.
  4. Approval: In most states, workers’ comp settlements must be approved by a workers’ compensation board or a judge to ensure fairness.
  5. Payment: Once the settlement is approved, the worker receives the agreed-upon payment.

Click here to view a workers’ compensation settlement chart

Maximizing Your Settlement

Securing a fair settlement for a back injury involves several critical steps. Taking these proactive measures can help ensure you receive the compensation you deserve.

The first step is to prioritize your health. Seeking prompt medical care not only aids in your recovery but also establishes a clear record of your injury. This documentation is crucial when filing your workers’ compensation claim, as it provides evidence of the injury's severity and its impact on your ability to work.

Navigating the complexities of the workers’ compensation process can be challenging. A knowledgeable workers’ compensation attorney can guide you through the claims process, advocate on your behalf, and negotiate a fair settlement. Their expertise can help you avoid common pitfalls and maximize your benefits.

Meticulous record-keeping is essential. Maintain comprehensive records of your medical treatments, associated expenses, and the time you’ve missed from work. These records serve as critical evidence to substantiate your claim and demonstrate the extent of your financial and physical losses.

Finally, familiarize yourself with your state’s workers’ compensation laws. Each state has specific regulations regarding benefits, timelines, and eligibility. By understanding your rights, you can ensure that you receive the full range of benefits to which you are entitled.

Get The Right Representation

If you’re dealing with a back injury from a workplace accident, understanding the average workers’ comp settlement for back injuries is crucial to ensuring you receive fair compensation. At Shultz Legal, we specialize in helping injured workers navigate the complexities of workers’ compensation claims. Our experienced attorneys will assess your case, guide you through the process, and fight to secure the maximum settlement you deserve. Don’t let uncertainty about your rights or the settlement process hold you back—contact Shultz Legal today for a free consultation and take the first step toward recovering what you’re entitled to.