How much will my settlement be for a back injury at work in Texas? There’s no easy answer. Calculating and providing an average monetary figure is complicated because every case is unique. Moreover, arriving at an average compensation amount for a work injury can be challenging because settlements are not usually made public. But there are certain factors and considerations to take into account when determining what you might be able to expect for compensation for a back injury.
This article will discuss the factors that go into compensation for a work-related back injury in Texas. While this article will serve as a helpful guide, you may benefit the most from speaking with an experienced Texas attorney.
Type and Category of Disability
The compensation you can expect from a work-related back injury depends mainly on the disability category your injury falls into.
Four Categories of Workers’ Comp for a Texas Back Injury
There are four disability categories your worker’s compensation claim can fall into.
- Temporary total disability (TTD) benefits are payable when an injured worker is entirely unable to work for a limited time.
- Temporary partial disability (TPD) benefits are payable when an injured worker can work in a limited capacity and therefore earns less than their average weekly wage.
- Permanent partial disability (PPD) benefits are payable for the permanent functional loss of use of the body part based on the disability schedule.
- Permanent total disability (PTD) benefits are payable when the injuries are so severe the injured workers cannot secure gainful employment.
The average back injury settlement or award is calculated from the medical-determined severity of the disability, the Texas compensation rate guide, and your average weekly wage.
The usual workers’ compensation for a back injury will be based on your medical costs and expenses and your lost wages.
Common On-the-Job Back Injuries
The term “back injury” is used to describe a wide array of injuries that can range in severity. Common back injuries that occur at work include:
- Herniated discs,
- Spinal cord injuries,
- Fractures and dislocations,
- Muscle strains, and
It is also possible to experience more than one type of injury simultaneously. For instance, if you fall from scaffolding at work, you might experience a fracture, bruising, and a dislocation.
What Factors Will Increase My Potential Settlement?
Undoubtedly back injuries are some of the most severe, frequently requiring surgical intervention and repair. While it is certainly not the only factor, surgery can increase the compensation you receive. In other words, a good indicator of where your case may lie is whether your back injury requires surgery.
Compensation for Back Injuries with Surgery
While it is challenging to say the usual compensation for a back injury at work, it is reasonable to conclude that the compensation for individuals requiring back surgery will be more than those who do not.
The rationale for this is relatively straightforward. First, your employer is required to cover the costs of your medical expenses, and undoubtedly, the costs will be higher if you need surgery. Second, undergoing any surgery will have an emotional impact on your life. Being unable to work or participate in daily activities while you recover can lead to pain and suffering, emotional distress, and loss of enjoyment of life, all of which your employer or a third party might be responsible for compensating under certain circumstances (for example, if your employer is a non-subscriber or if a third-party contractor is responsible for your injuries).
How Can an Attorney Help?
Many factors will ultimately contribute to the compensation you receive for a back injury at work in Texas. The nature and extent of the injury is just one. It is also crucial to remember that Texas is unique to many states and does not require employers to subscribe to workers’ compensation coverage. If you hurt your back at work and your employer is a non-subscriber, you may have to pursue a civil lawsuit to seek the necessary damages. A skilled attorney can help you determine the best course of action and what you can reasonably expect to receive in compensation.
Wondering How Much You Can Expect in a Settlement for a Back Injury?
At Grossman Law Offices, we have won thousands of cases for our clients, including those suffering from devastating back injuries due to a work accident. We always offer free consultations and provide our honest advice, even if that is answering a few simple questions for you. Contact us today to schedule an appointment with one of our experienced lawyers.