Michigan attorney discusses lumbar strain workers’ comp settlement and how to protect legal rights.
Getting hurt on-the-job can turn a person’s life upside down. Nobody can predict when it is going to happen or how long recovery will take. Our lawyers are experienced in representing people with back injuries. We are regularly asked if a lumbar strain workers’ comp settlement is possible. Here is the scoop on available benefits if you are injured on the job and how to make sure legal rights are protected.
Back pain can develop from workplace activities such as lifting, bending, twisting, or getting struck by a piece of equipment or machinery. It can result in a muscle or ligament strain. Treatment usually consists of rest, medication, and physical therapy. A lumbar strain does not typically result in permanent work restrictions and many people quickly recover. Sometimes a disc is herniated and impinges a nerve causing a more serious problem.
Workers’ Compensation Benefits
Michigan workers’ comp law guarantees medical treatment and lost wages for people who suffered a lumbar strain at work and payment can be made in weekly payments or in a lump sum cash settlement. This includes hospital visits, doctor appointments, prescription medications, attendant care, mileage, and physical therapy. Any medical treatment that is reasonable, necessary, and related should be covered without copayments or deductibles being owed.
It is up to the employer to choose medical providers during the first 28 days. Our experience shows that most people are sent to occupational clinics. Watch out for doctors who diagnose this type of injury without a complete physical examination. We have seen many individuals who are quickly sent back to work when they have a more serious problem. It later turns out that they have a disc protrusion and need significant medical treatment and time off from work.
Disabled employees should also be paid lost wages equal to 80% of their after-tax average weekly wage. This calculation includes overtime, discontinued fringe benefits, and even second jobs. It will be based upon the highest 39 paid weeks during the 52 weeks before the injury. An employee must be off work for at least 7 days to qualify for any wage loss benefits.
Lumbar Strain Workers’ Comp Settlement
Some people find they are unable to return to work for extended periods of time. This could be due to work restrictions that make a job impossible or recovery time from a surgical procedure. Our experience shows that disabled employees are frequently laid off or terminated by their employers. Workers’ comp does not guarantee employment, just medical and wage loss.
Employees can trade future benefits for a lumbar strain workers’ comp settlement. This lump sum cash payment amount is going to depend upon how much the insurance company thinks it will have to pay out in the future. Age, medical needs, and ability to find alternate employment are important factors.
Watch out for IME doctors who insist there is nothing wrong but a lumbar strain. Many people have other pathologies like a herniated disc or annual tear that should not be overlooked. This makes a real difference when evaluating a claim for settlement.
We recommend speaking with an experienced attorney before requesting a settlement. Insurance companies low-ball people who they believe are in financial distress or don’t know their legal rights. A lumbar strain could be something a person quickly recovers from, or it could end up being a career ending injury.
What is the average workers’ comp settlement for a lumbar strain?
In Michigan, there isn’t a specified average workers’ comp settlement for a lumbar strain. Statistics published by the Workers’ Disability Compensation Agency show the average payout amount for a work-related injury in Michigan for 2022 was $62,315.56. Our clients can get a higher than average settlement for a laminectomy if evidence shows ongoing need for medical treatment and time off from work.
Injured at work? Contact our work injury attorneys for a free consultation
If you suffered a lumbar strain at work and have questions about a workers’ comp settlement, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand workers’ comp laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 316-8033 for a free consultation today.
Related information:
Michigan Workers’ Comp Calculator: How Is Workers’ Comp Calculated?
