Back and neck injuries are at the top of the list when it comes to work-related injuries. Bureau of Labor statistics, give it a 1 in 5 probability on all workplace-related injuries. Those afflicted by back pain undergo a lot of pain that prevents them to effectively carry on with their work and responsibilities. Once you suffer from back-related injury, there is a high chance that this might re-manifest itself in future.
So, How Do Parties Value A Potential Case?
Valuing a case involves coming up with a suitable guess that will make your jury award the plaintiff. The suit will be based on how much the person being sued is willing to pay and what the plaintiff is open to accept. This is the only way possible to settle your case. The two major factors required when valuing a personal injury case revolves around the severity of your injury and how likely the jury will find the defendant liable.
So How Can I Prevent Work-Related Back Injury?
It is important to learn how to use safe methods or procedures to carry out a physically demanding task. It is simply common sense to use lifting aids where possible while positioning yourself in the right posture to avoid straining your back. As you go about your workout, change your position frequently so the weight is evenly distributed down your spine. Take short breaks whenever necessary and have an exercise routine that focuses on strengthening the back and abdominal muscles.
The Severity And Nature Of The Neck Injury
Neck injuries can be a minor sprain or strain. In worst case scenarios it might be a neck fracture. The more persistent your injury is, the greater the amount of money you are given for compensation. Injuries such as fractured bones result in higher settlements than soft tissue cases arising from whiplash. Insurance companies have their own ways of gauging neck injuries.
So, How Is This Condition Diagnosed?
Most insurance companies base their settlements on the nature and cost of undergoing the medical treatment. Neck injuries that require spinal fusion or any other complicated surgery require a larger settlement payment. On the other hand, injuries that require chiropractors or physical therapists are regarded as minor.
Estimation Of The Damages
It is not possible to arrive at a precise figure for damages; particularly during a trial. In most cases, it is the jury that determines how much the defendant will have to pay the plaintiff. Damages such as lost wages, medical bills are much easier to arrive at. They will be arrived at from the amount the plaintiff incurred when paying for treatment. The cases that are hard to predict are those such as loss of quality of life. For instance, if the plaintiff played violins and now is unable to make a living from their music profession, the damages awarded will be higher.
Proof Of Liability
In many cases, there arise several complications where the workers’ compensation claims touch on back or neck injuries. To avoid having to settle back related claims that are quite expensive, the insurance companies argue that this condition was pre-existing therefore the worker is not cut out for compensation. At times, the insurance companies might argue that the injury sustained by the worker was a temporary aggravation. These are two most common arguments used to deny injured workers their compensation. To work around this legal issue, you need the assistance of an experienced legal expert to determine to argue your case for the best average insurance settlement for neck and back injury. Click here to learn about knee injury settlement.