What is the average workers’ comp neck injury settlement? Data indicates that the average settlement for neck injuries is $65,659, but this is just an average, and the actual amount can vary depending on circumstances. In 2020, over 11,000 workers experienced neck injuries, with one out of every three injuries resulting in at least a month of missed work. Even less severe cases led to an average of eight missed workdays. If you sustain a neck injury at work, you may be eligible for workers’ compensation, which covers medical expenses and lost wages during your recovery.
If you’ve suffered a neck injury, contact Martay Law Office at (312) 374-6403 for assistance with your workers’ comp claim.
In Illinois, workers’ compensation offers benefits for medical treatment and lost wages due to work-related injuries. The amount of compensation depends on:
Before sustaining an injury, you would have been receiving a salary. If you file a workers’ compensation claim, a portion of it will probably compensate for lost wages if you cannot work while recovering or for lost earning capacity if you cannot work and earn the same salary or wages. Therefore, your compensation for lost wages or lost earning capacity will be based on your earnings before the injury.
The severity of your injury will largely determine the value of your workers’ compensation claim. The severity of your injury will influence:
If your injury hinders your ability to work, the value of your case will increase. Conversely, if you can work and earn a salary comparable to what you previously earned, the value of your claim may decrease. If you can only work for a lower wage, the value of your claim will increase. Your claim will have the highest value if you cannot work at all.
Part of your workers’ compensation claim covers expenses for medical treatment. You can claim more if you sustained a major injury that resulted in high medical costs. On the other hand, if your injury was minor and needed less medical care, you might have fewer expenses to claim.
You can seek compensation for future medical expenses in addition to current bills. Injuries requiring ongoing or future treatment are typically valued higher. Future surgeries, physical therapy, and medication needs can also increase the settlement. Your claim could be more valuable if the injury leads to additional future injuries. For instance, a back injury could lead to hip and knee issues, increasing the claim’s value. The more long-term consequences your injury will likely have, the higher your workers’ comp settlement is expected to be. Your workers’ compensation lawyers will assist in determining an amount to claim for future medical treatment.
A National Safety Council report states that the average workers’ comp settlement for a neck injury is $30,404 for medical care and $28,987 for wage loss during 2019-2020. The actual settlement will depend on the injury, your occupation, and where you live. Injuries affecting other body parts could lead to higher payouts. Recovery time and complications from treatments or surgeries also impact the settlement. While giving an estimated value for a neck injury settlement for workers’ comp is difficult, the extent of your disability and your pre-accident average wage is a good p;ace to start.
How the amount of workers’ compensation benefits is determined consists of two components. First, you are eligible for compensation for your medical expenses. This continues until you have achieved your maximum medical improvement.
In addition to medical care, some injuries may require you to take leave from your regular job duties to recover, resulting in a loss of income. You are entitled to benefits for this loss. A doctor may assess you and categorize your condition as:
If you can’t return to work temporarily, you may be eligible for Temporary Total Disability (TTD) benefits. In Illinois, you can receive TTD benefits if you cannot work for three consecutive days. The benefit amount is calculated by multiplying your average weekly wage by two-thirds. For instance, if your average weekly wage is $500, you’d receive approximately $333 in TTD benefits. These benefits continue until you reach maximum medical improvement or return to work.
After a workplace injury, if you can return to work with limitations, your employer might be able to place you in a less physically demanding role. However, this temporary reassignment may come with a decrease in pay due to the reduced responsibilities. As a result, you may be eligible for Temporary Partial Disability (TPD) benefits.
The TPD benefits you qualify for are determined by comparing the average weekly wages from your previous job to those of your new temporary role. Typically, these benefits cover around two-thirds (66.6%) of the difference between your current earnings and your pre-injury earnings.
Even after your condition has reached the point where it is not expected to improve further, your doctor might determine that you are completely unable to go back to work. Alternatively, if you have lost the use of both hands, feet, arms, or legs, you qualify for permanent total disability (PTD) benefits.
PTD benefits are calculated at two-thirds of your average weekly wages. For instance, if your average weekly wages were $500 before your workplace injury, your PTD benefit would be around $333. This would continue for the rest of your life. Going back to work after workers’ comp may result in adjustment or termination of these benefits.
Permanent partial disability (PPD) benefits apply if you experience a permanent impairment after reaching maximum medical improvement but are still able to work. The amount of PPD benefits depends on the severity of the impairment and the body part affected.
These benefits compensate for lost wages due to an injury. You may be entitled to wage differential benefits if your new earnings are significantly lower. This is calculated using the difference between your previous and current average weekly wage multiplied by two-thirds. For example, if you were earning $500 per week before and now earn $250 per week, you could receive a wage differential award of around $165 per week.
If you have experienced a severe and permanent disfiguring injury that is visible and related to work, you are eligible for disfigurement benefits as compensation. These benefits are determined by taking 60% of your wages before the injury and can be received for a maximum of 162 weeks.
In Illinois, specific time limits apply for claiming a portion of your wages based on injury to certain body parts. For example, the thumb is 76 weeks, the index finger is 43 weeks, the middle finger is 38 weeks, the ring finger is 27 weeks, and the little finger is 22 weeks. The hand itself is 205 weeks, the arm is 253 weeks, the leg 215 weeks, the foot is 167 weeks, and the eye 162 weeks. Loss of hearing in one ear is 54 weeks, and total and permanent loss of hearing is 200 weeks.
The level of impairment of the affected limb determines the percentage of wages claimable. For example, if your weekly wages are $500, and you’ve lost 50% use of your thumb, the calculation would be weekly salary multiplied by the number of weeks scheduled for the limb multiplied by the percentage of loss of use of the limb.
Using the calculation:
$500 × 76 × 50% = $19,000
Therefore, you would receive compensation equalling $19,000.
If you have suffered injuries not specified in the provided schedule but still face limitations, you might be eligible for benefits for a maximum of 500 weeks, depending on the severity of the injury. The number of weeks you are eligible for will be determined by calculating 60% of your pre-injury wages and multiplying this amount by a percentage of 500 weeks based on your doctor’s disability rating for the injury. Neck injuries are non-schedule; therefore, workers’ compensation settlement for neck and back injury entitles you to compensation for up to 500 weeks.
You cannot simultaneously receive the PPD and wage differential benefits. You must choose to receive one or the other.
If you’ve suffered a neck injury and require assistance with filing for workers’ compensation, or your workers’ compensation claim is denied, contact us at Martay Law office for support with your workers’ comp claim.
