What factors into workers' compensation settlement amounts for back injuries?


Quick Answer

Workers' compensation settlement amounts for back injuries factor the costs of treatment and the loss of income that may occur due to the injuries, reports InjuryClaimCoach.com. Noneconomic damages to a worker also factor in the settlement amount, according AllLaw. In some circumstances, a court may award punitive damages, while contributory negligence lowers the value of the worker’s claim.

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Full Answer

Special damages awarded for past and future treatment of back injuries are determine on a case-by-case basis, and individuals receive compensation for lost income and wages, and any expected reduction in their earning potential, says AllLaw. Generally, compensation for work injury claims for lost income range from 50 to 70 percent of preinjury wages, reports InjuryClaimCoach.com.

Compensation settlements factor the noneconomic effect of the back injury, which involves the nonmonetary loss an individual incurs due to injury. A pain multiplier assesses the pain and suffering an individual undergoes as a result of injury by multiplying the special damages by a set number. Depending on a state’s law, the court assesses emotional distress and offers a compensatory settlement, reports AllLaw.

A court awards punitive damages when a jury determines that the defendant’s action or inaction caused the back injury. However, in case a worker is partly responsible for his injury, his damages award reduces based on the percentage of his fault, states AllLaw.

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