If your lower back was injured while you were at work in California, you may be entitled to monetary compensation, either through workers’ compensation or the filing of a personal injury claim. An experienced Indio back injury lawyer can provide you with legal guidance and ensure your claim is filed correctly.
How Much Money Can I Get for a Lower Back Injury in California?
How much money you can get for a lower back injury in California will depend on many factors. While most workplace injuries are only eligible for workers’ comp, personal injuries against third parties or egregiously malicious employers may be possible in certain cases.
If you choose to pursue a personal injury claim through the courts, the amount will depend on the extent of your injury and the negligence of the at-fault party. In 2022, a California plaintiff was awarded $6.6 million by a jury for back and neck injuries that resulted from a car wreck. In 2022, a jury awarded an employee who was fired due to his back injury $35.5 million.
However, compensation awards of this caliber are exceedingly rare. Most personal injury claims result in much lower amounts. Remember, there are deadlines for when you can file a personal injury claim in California. Typically, this statute of limitations is two years. There may be exceptions. Consult with a personal injury lawyer to determine if you are eligible for compensation through the civil courts.
A personal injury claim can be sought when one party is at fault for causing the injury. Your attorney will gather evidence and testimony to prove that the defendant had a duty of care, failed to meet that duty, and your injury and harm resulted from that failure.
Workers’ Compensation for Lower Back Injuries
A herniated disk or injured lower back can be very painful. Often, workers are unable to immediately return to work. Treating a lower back can require surgery, and it often requires weeks or months of therapy.
Employers are required by state law to maintain workers’ compensation insurance policies to help injured workers with medical treatments and missed time off work. Your compensation should cover the extent of your medical costs resulting from the injury. Therefore, the more costs you incur, the more compensation you should receive. Policies reimburse workers for missed work at two-thirds of their gross income.
It’s not always an ideal level of compensation, but having a steady stream of income can ensure that you do not fall behind on bills while you recover.
Should I Hire a Lawyer for My Workers’ Compensation Case?
Hiring a lawyer for your workers’ compensation case can be immensely beneficial. It is important to properly fill out the workers’ compensation form, and a lawyer can assist you in this area. Your employer cannot withhold this form or take any step to hinder or stall you from filing it. Filing for workers’ compensation is a right, and no one can intimidate or harass you for filing a claim. If your claim is rejected, a legal professional can appeal that decision on your behalf.
In an ideal world, valid workers’ compensation claims would be processed in a timely manner, and benefits would be disbursed to fully compensate injured employees for their medical treatments and lost income. However, employers and insurance policy providers often place barriers between employees and their benefits. This is where having legal representation can be particularly valuable. If needed, your attorney can work with a medical professional to accurately diagnose the extent of your lower back injuries.
FAQs
Q: Who Pays for My Medical Bills After a Back Injury?
A: Your employer’s workers’ compensation insurance company pays for your medical bills after a workplace back injury. You can start the process by filing a workers’ compensation claim. If you decide to file a personal injury claim, you may have to incur the upfront costs of treatment, but a law firm can fight for compensation for those bills. Your settlement may include the cost of future treatments.
Q: How Much Should I Settle for a Lower Back Injury?
A: For a lower back injury, you should settle for the total cost of your damages. If you file a workers’ compensation claim, the policyholder may offer a lump sum settlement. This form of payment can help you financially in the short term, and this can be a useful option. Personal injury claims are often settled outside of court, and pain and suffering damages may be included.
Whichever direction you take, you can trust your lawyer to advise you on what a fair settlement offer is.
Q: How Much Can You Get for a Lower Back Injury?
A: How much you can get for a lower back injury depends on its severity. In California, personal injury cases can result in monetary compensation in the hundreds of thousands or even millions. Workers’ compensation benefits could range from a couple thousand to several thousand dollars or more. If you have to miss extensive time off work, that will add considerably to your benefits if you qualify.
Q: Do Most Lower Back Injuries Settle Within Six Months?
A: Many lower back injuries settle within more than six months. Each case is unique, and a lawyer can work to resolve your case quickly and with favorable outcomes. Someone with a minor injury who qualifies for workers’ compensation can expect to receive benefits well within six months. More complicated cases that involve larger settlements may take much longer. During your consultation, a lawyer can examine the specifics of your case and discuss what a potential timeline could look like.
Schedule Your Lower Back Injury Consultation Today
If you suffered a lower back injury at work, your employer has an obligation to provide benefits through their workers’ compensation plan. If your employer or policyholder tries to deny your benefits, one of our lawyers can fight to ensure that you receive the benefits that you are owed.
In cases when a third party caused your back injury, you may be eligible to file a personal injury case with the help of English Lloyd & Armenta. To schedule your lower back injury consultation, contact our office today.