Workers’ Comp Settlement For Back Injury Claims Explained

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Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

Watch out for low ball offers on workers’ comp settlement for back injury claims in Michigan from the insurance company and learn how to increase the value of your claim.

Workers' Comp Settlement Back Injury

We previously blogged about magistrate disposition statistics and how most plaintiffs are choosing to settle their cases instead of proceeding with trial. The primary reason is that 2011 legislative reforms have made proving entitlement to wage loss benefits much harder. This is because insurance companies can now use post-injury wage earning capacity (PIWEC) to offset weekly checks. Here is what injured employees need to understand about a workers’ comp settlement for back injury claims.

Michigan law permits injured employees to trade medical and wage loss benefits for a lump sum cash payment. This amount of money is tax free and can be used for any purpose. Many of our clients use this amount money to finish medical treatment and do vocational rehabilitation on their own terms. It is an attractive option when faced with the prospect of getting small weekly checks and being under the thumb of the insurance company.

Some of the more difficult cases involve back injuries. These can be devastating if they result in permanent work restrictions and lifetime medical costs. If an employee has always done heavy work, the transition to a light or sedentary job can be nearly impossible.

What is the average workers’ comp settlement for back injury claims in Michigan?

Though there isn’t a specific number for an average workers’ comp settlement for a back injury in Michigan, the average settlement was $58,641.58 in 2019. Settlements depend on several factors. Insurance companies look at potential exposure for medical treatments and wage loss.

At the end of the day it is a business decision and it must make financial sense.

Asking for too much money in a workers’ comp settlement for a back injury claim in Michigan can sometimes be counterproductive. Watch out for insurance companies who make low-ball settlement offers because of financial distress.

Consider future medical treatments and wage loss within settlement value

Medical treatment includes conservative measures like physical therapy, injections, and prescription medications. Some injured employees must undergo surgery like a discectomy or spinal fusion. A spinal cord stimulator might also be implanted for treatment of chronic pain symptoms. These items are not cheap and should be factored into any Michigan workers’ comp settlement for back injury claims.

Wage loss benefits are based upon 80% of an employee’s after-tax average weekly wage. Weekly checks are paid indefinitely but can be offset starting at age 65. Insurance companies use PIWEC to reduce the comp rate and what must be paid out. A good-faith job search is very important to refute this argument.

Watch out for IME doctors

Insurance companies tell people that back problems are just part of the aging process. Watch out for IME doctors who say it’s just degenerative disc disease. This is especially true if diagnosed with herniated disc, disc protrusion, pinched nerve, sciatica, or radiculopathy.

Preexisting medical conditions are also not a basis for a dispute if underlying pathology was changed by a workplace injury. If an injured employee is suddenly unable to work, this is a sign that something might have changed. Watch out for new symptoms like pain and numbness down the leg.

Maximizing settlement value

Any workers’ comp settlement for a back injury claim in Michigan is going to depend upon future medical treatment and how long an employee will remain disabled from work. An experienced lawyer can maximize the value of a settlement by using medical and vocational evidence to show continuing entitlement. Get a free consultation before accepting any insurance company settlement offer.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.

Related information:

Workers’ Comp Settlement After Surgery: What You Need To Know

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.