According to data from researchers at the University of Maryland, more than one million people suffered workplace back injuries nationwide each year. For reference, that means that back injuries are approximately one in every five reported on-the-job injuries. If this happens to you, you can file a workers’ comp claim for a back injury. This raises an important question: How much compensation for a back injury at work? The short answer is “it depends.” At The Larrison Law Firm, we have the experience to handle all types of back injury cases. Here, our Athens workers’ compensation attorney explains the key things workers should know about workers’ compensation back injury settlements in Georgia.
Most Common Work-Related Back Injuries in Georgia
Back injuries can happen in a wide range of different ways in workplace accidents in Georgia. There are also a number of different types of back injuries. Regardless of the cause and nature of your back injury, it is crucial that you get the proper medical attention, follow-up care, and rehabilitative services. Some of the most common on-the-job back injuries in Georgia include:
- Lumbar Strain/Sprain: Soft tissue injuries can be caused by a wide array of workplace tasks, including lifting, pushing, or sudden twisting. These can be painful and debilitating.
- Herniated or Bulging Disc: In workers’ comp claims, disc pathology often involves the lumbar spine at L4-L5 or L5-S1. MRI evidence establishes structural change.
- Spinal Stenosis with Exacerbation: Workers with underlying stenosis (the abnormal narrowing of a passage, canal, or blood vessel within the body, which restricts flow or compresses nerves) can suffer acute symptom flare-ups after a workplace event. However, employers and their insurance carriers frequently argue natural progression as a defense in these cases.
- Compression Fractures: Falls or other types of high-force events can cause vertebral fractures. With the severity of many compression fractures, permanent impairment ratings under the AMA Guides may be implicated.
- Sciatica and Radiculopathy: Nerve root irritation can cause radiating pain, numbness, and/or weakness. Objective testing (EMG and MRI) can support a diagnosis. In these cases, post-recovery work restrictions and impairment ratings depend on neurologic findings and response to treatment.
What is a Workers’ Comp Settlement Back Injury?
A workers’ compensation settlement in Georgia typically resolves all or part of the claim through a negotiated agreement approved by the Georgia State Board of Workers’ Compensation. The common legal vehicle for a settlement in these cases is officially referred to as a “Stipulation and Agreement.” An approval requires a finding that the settlement serves the best interests of the employee. Settlements can be full and final or limited:
- A full and final settlement closes indemnity benefits and, in most cases, future medical care in exchange for a lump sum.
- A limited settlement may resolve indemnity while leaving medical open for a defined period or subject to a Medicare Set-Aside.
What is the typical value of a workers’ comp settlement for a back injury in Georgia? The short answer is that it can vary widely based on the nature and severity of the injury. It is crucial that your claim is well-documented so that you are in the best possible position to secure the maximum available workers’ comp settlement. An experienced Athens, GA workers’ comp lawyer can help you determine the true value of your case.
An Overview of Georgia’s Workers’ Comp Laws
Georgia’s Workers’ Compensation Act provides no-fault benefits for injuries arising out of and in the course of employment. To bring a successful claim, an injured worker must prove both elements with reliable evidence. A proactive approach is key. You need to get immediate medical care for your back injury. You should also notify your employer of the incident/injury right away. If notice is not given within 30 days, your claim could potentially be denied.
Workers’ comp in Georgia covers all reasonable and necessary medical care related to your back injury, including rehabilitative services. You can also seek disability benefits if you are forced to miss time from work due to your back issues. Temporary Total Disability (TTD) pays a weekly benefit during total incapacity. Temporary Partial Disability (TPD) pays a portion of wage loss when the employee returns to work at reduced earnings. Permanent Partial Disability (PPD) pays a scheduled number of weeks based on an impairment rating assigned under the AMA Guides.
Disability benefits depend on work status. TTD requires a medical opinion removing the worker from work. TPD requires a return to work with reduced earnings. Benefit rates derive from the average weekly wage calculated under O.C.G.A. § 34-9-260. Disputes over wage calculation are common and can change the entire case value.
Note: Beyond a workers’ compensation claim, you could potentially also have a third-party liability case for a job-related back injury. A negligent third-party (but not an employer) can be sued in tort for full damages, including for things like pain and suffering and long-term disability. Unlike claims through Georgia’s no-fault workers’ comp system, third-party liability claims are fault-based legal cases. You must prove that a defendant’s negligence contributed to your back injury to hold them liable.
Tips to Maximize Your Back Injury Workers’ Comp Settlement
As back injury workers’ comp claims can be challenging, it is imperative that you know how to protect your rights and your interests. Here are some tips for injured workers in Georgia to maximize their workers’ comp back injury settlement:
- Seek Immediate Medical Attention: One of the keys to bringing a successful back injury workers’ comp claim is presenting strong, comprehensive medical evidence. Do not wait to see a doctor. Do not skip follow-up care. You should also report the back injury immediately and describe the mechanism with specificity.
- Stay Within the Authorized Medical System (At Least to Start): In Georgia, there are specific rules and regulations in place for the doctor you can see as part of a workers’ comp claim. You should try to begin care with the posted panel to secure compensability. If treatment stalls, you can pursue a change of physician through proper procedures.
- Thoroughly Document Wage Loss and Work Restrictions: Beyond your medical records, your wage and employment records are also essential to your claim. Clear proof of reduced earnings helps support a full and fair workers’ compensation settlement for your back issues. You also need to be sure that any remaining restrictions are documented.
- Be Ready to Challenge Low Impairment Ratings and Understated Future Care: If you have a long-term or permanent back issue, it is crucial that you are ready to challenge a low impairment rating and/or the understatement of your future care needs. If these things are not correct, it could lead to a reduced settlement.
Why Injured Workers in Athens Choose Brady M. Larrison
If you sustained a back injury while on the job in Athens or elsewhere in the wider region in Georgia, you may have a lot of questions about the claims process. It is crucial that you are able to secure all available financial benefits. Brady M. Larrison is a Georgia workers’ comp lawyer with the skills and legal experience needed to navigate back injury settlements. Our case results and client testimonials show what we can do for injured workers in Athens. We are proactive and devoted to personalized advocacy. Your initial consultation with our Athens workers’ comp lawyer for back injury claims is free and fully confidential.
Call Our Athens, GA Workers’ Comp Attorney Today
At The Larrison Law Firm, our Athens workers’ comp attorney has the knowledge and experience that you can count on when it matters most. Do you have any questions about a workers’ comp back injury settlement? Contact us today for your free case evaluation. With a law office in Athens, we handle workers’ comp cases throughout the region, including the zip codes of 30601, 30602, 30603, 30604, 30605, and 30606.