Typical Settlement for Back Injury at Work (2025)

Posted by Emily Ruby | Mar 27, 2025 | 0 Comments

Ever wondered how much compensation you could receive for a back injury after an accident in California?

The average back injury settlement is currently $67,500, but how much you receive depends upon the specifics of your case. We will explain this in detail below.

Back injuries can disrupt your life, and navigating the claims process shouldn't add to your stress. This article breaks down what to expect when seeking compensation for a back injury in California and how to ensure you receive fair treatment.

How Much Can You Expect from a Back Injury Settlement?

According to our own data and that of the Occupational Safety and Health Administration (OSHA), the average workers' compensation settlement for a back injury typically falls between $45,000 and $90,000, with the average workers' comp back injury settlement being $67,500.

However, the actual amount received depends on several factors, including the cost of current and future medical expenses, lost wages, and whether the claim is filed under workers' compensation or a third-party liability claim. Workers' comp settlements generally cover medical treatment and a portion of lost wages but may be lower than third-party claims, which can include additional damages such as pain and suffering.

Average Settlement Amounts for Back Injuries

The average settlement for a broken bone injury, including both workers' compensation and third-party liability claims, typically falls between $45,000 and $150,000. However, the final amount can vary significantly based on factors such as the severity of the injury, medical expenses, lost wages, and the type of accident—whether it's a motor vehicle collision, a workplace injury, or a premises liability case.

Third-party claims often result in higher settlements as they may include additional damages like pain and suffering.

High-Value Cases and Jury Verdicts

Big payouts happen, but aren't that typical. In 2022, a California jury awarded $6.6 million in a car wreck case where someone hurt their back while working.

That same year, a jury awarded $35.5 million to a person who got fired because of their bad back. A skilled attorney can significantly impact the outcome of your injury claim, ensuring you receive the compensation needed to cover both current and future medical expenses.

Understanding Back Injuries and Workers' Compensation

If you're hurt at work, California law says you could be eligible for workers' compensation benefits. These benefits can cover medical treatment, disability payments, and job displacement benefits.

If your back injury keeps you from working and affects your ability to work, you're likely entitled to these benefits. You may also receive supplemental job displacement benefits if you cannot return to your old job due to your spinal injury.

Common Types of Back Injuries

Several types of injuries can affect your back. Sprains and strains affect muscles and ligaments.

Fractures or dislocations of the spine can cause paralysis and may typically lead to long-term care. Herniated discs put pressure on nerves, resulting in pain.

Sprains and Strains.
Fractures.
Herniated Discs.
Back Injury

The Role of Workers' Compensation

California employers are required to provide workers' compensation. This coverage steps in if you're injured or become ill because of your job.

It doesn't matter if the injury happens from a single incident, or from repeated actions over time. Workers' compensation should cover related medical treatment, lost wages, and other benefits like Social Security Disability.

Navigating the Workers' Compensation System

Navigating the workers' compensation system can be complex, especially when dealing with pre-existing conditions. You will have to report your injury quickly, and complete a number of procedures.

Knowing your rights and gathering solid medical documentation will benefit your claim. Also, seeking legal assistance from experienced attorneys could increase your chance of a favorable result.

A skilled accident attorney could help you understand all aspects of the system and improve your chances of obtaining a higher settlement.

What Factors Affect the Value of Back Injury Claims?

Each back injury case is different. A few things affect how much your back injury compensation may be worth.

This includes how bad your injury is, the available policies insurance, and the at-fault driver's insurance policy limits. It also accounts for how much your treatment costs.

Additionally, the strength of your claim plays a crucial role in determining your settlement, particularly if pre-existing conditions are a factor.

Severity of the Injury

Minor sprains are less severe than spinal fractures. The type and extent of your back injury plays a role in calculating injury compensation.

More severe injuries often mean higher medical bills and long-term care, impacting your diminished quality of life. Injuries such as spinal cord injuries can significantly increase the value of a claim.

Medical Expenses and Treatment Costs

Medical expenses for a back injury can include a lot of things. This includes doctor visits, physical therapy, and surgery.

Treatment costs add up, particularly for long-term treatment. As the costs increase, so could the potential injury compensation payout and the potential for higher settlements.

Lost Wages and Earning Capacity

Can't work because of your injury? Then you may be able to recover lost wages. This also impacts your future earnings.

If your injury limits your earning capacity, this too is compensable. So compensation will take that into account, and affect your ability to work.

Impact on Quality of Life

Back injuries often affect day-to-day living. If you can no longer do some things, such as enjoy recreational activities, then it should also be considered.

These considerations may affect your final settlement amount. Claiming lost quality of life means there has to be proper evidence shown, including any chronic pain that resulted from the incident.

Comparative Negligence

Sometimes, you may be partly at fault for the injury. In these cases, California uses a “comparative negligence” rule.

This means your compensation is reduced by your percentage of fault. However, that doesn't mean you don't get paid some type of injury compensation, as there may still be compensation available even if you were partially responsible.

Steps to Take After a Back Injury

Have you suffered a back injury? There are several key steps you should take immediately. The individual's ability to follow these steps is critical.

Taking swift action after a back injury could have positive ramifications for your claim and protect your overall health.

Seek Immediate Medical Attention

See a doctor right away. This creates a record of your injuries, and you will want to keep medical bills.

Be sure to tell the medical staff your injury is work-related. This is very critical if you end up making an injury compensation claim.

Report the Injury to Your Employer

Tell your employer as soon as possible. This starts the workers' compensation claim process.

Don't delay, since failure to report it in a timely fashion could affect your rights, especially when pursuing injury claims.

Gather Evidence and Documentation

Gather all relevant evidence to show when, where, and how your injury happened. Keep records of medical treatment.

You need to track down witness statements if applicable. Make copies of everything for your records, so that you have medical documentation for your records.

Consult with a Work Injury Attorney

Consider consulting with the experienced team at Greenberg and Ruby Injury Attorneys. Our Los Angeles work injury attorneys provide valuable guidance, explaining your rights and legal options while fighting to secure the maximum compensation for your back injury claim. With our expertise, we help ensure you take the right steps toward a fair recovery.

The Legal Process: Filing a Workers' Compensation Claim

Navigating the claims process for injury compensation involves several key steps:

Filing the Claim – Begin by officially submitting your workers' compensation claim to initiate the process.

Evaluation and Negotiation – Your claim will be assessed to determine the extent of your injury and eligibility for compensation. If necessary, negotiations will take place to reach a fair settlement.

Legal Outcomes – Understand what to expect from a legal standpoint, including potential settlements, appeals, or additional legal actions if a dispute arises.

At Greenberg and Ruby Injury Attorneys, we guide you through every stage to ensure you receive the compensation you deserve.

Filing the Claim

To file a claim, you will want to use medical bills from treatment for injury compensation and doctor visits. Also you can consider legal help when navigating requirements.

Gather supporting documents for your injury claims. Make sure you meet the deadline when filing the claim for the accident.

The Evaluation Process

An evaluation is essential in assessing the severity of a back injury. In California, a rating system helps determine how the injury occurred and its long-term impact on your health and mobility. The higher the rating, the greater the benefits and compensation you may be entitled to receive. An evaluation can also help establish whether the back injury was directly caused by the accident, ensuring you receive the full compensation you deserve.

Settlement or Litigation

Many claims reach a settlement through negotiations. But some claims get fully litigated if both parties cannot agree on a result.

The willingness of both parties often has an impact. Settlements or litigation are often used to receive compensation in these injury claims.

Non-Economic Damages in Back Injury Claims

Besides medical expenses and lost income, you can also get paid for non-economic harm. This includes diminished quality of life, chronic pain, and diminished ability to perform daily activities.

This compensation covers various damages, including pain and suffering from personal injuries such as neck and spinal cord injuries. Pursuing a claim is well worth your time, ensuring you receive the financial support you need for recovery and future care.

Defining Pain and Suffering

“Pain and suffering” relates to the inconvenience a back injury puts on your lifestyle and quality of life. To receive fair and reasonable injury compensation these issues must be considered.

It includes not only the physical pain and discomfort but also the mental and emotional trauma caused by the injury. These factors often play a significant role in securing a fair settlement.

Calculating Non-Economic Damages

Determining the value of pain and suffering in a personal injury case can be complex. Courts consider factors such as the severity of the injury and its long-term effects when assessing compensation. Successfully pursuing a settlement in California requires experience, as proving these damages often involves expert testimony. Your personal injury lawyer may work with medical and financial experts to accurately calculate the full extent of your losses.

Limitations on Non-Economic Damages

When seeking compensation for a back injury sustained at work, there may be limitations on non-economic damages, such as pain and suffering. In California, workers' compensation generally does not cover these damages, as it primarily provides medical benefits and wage replacement.

However, if a third party was responsible for your injury—such as a negligent contractor or equipment manufacturer—you may be able to pursue additional compensation through a personal injury claim. Factors such as pre-existing conditions, employer liability, and comparative fault can also impact the amount of compensation you receive. Understanding these limitations is crucial when navigating a workplace injury claim.

The Importance of Legal Representation

Back injuries can cause long-term pain and significantly impact your quality of life, including your ability to work and even your eligibility for Social Security benefits. Navigating the legal process can be complex, making experienced legal representation essential. An attorney with a strong track record in back injury claims can help secure the maximum compensation—whether through a settlement or a successful trial outcome.

Benefits of Hiring a Work Injury Attorney

A skilled work injury attorney understands how insurance companies operate and ensures that your claim is filed correctly and on time. They have in-depth knowledge of workers' compensation laws and the legal system, allowing them to navigate the complexities of your case effectively.

An experienced attorney will advocate for the best possible outcome, whether through a fair settlement or, if necessary, litigation. They can also help determine if you have grounds for a third-party claim, potentially increasing your compensation beyond workers' comp benefits.

Negotiating with Insurance Companies

Insurance companies prioritize minimizing payouts, often undervaluing back injury claims to save money. An experienced attorney fights to ensure you receive full compensation for both short-term and long-term setbacks, including medical expenses, lost wages, and ongoing rehabilitation costs.

Back injuries can have lasting effects, making it crucial to have legal representation that prevents insurers from taking advantage of your situation. Your attorney will explore all available options, including workers' compensation and third-party claims, to maximize your recovery.

Building a Strong Case

A skilled attorney knows what it takes to secure a favorable outcome for your back injury claim. They thoroughly investigate the circumstances of the accident, gather crucial evidence, and depose key witnesses to strengthen your case.

By leveraging expert testimony from medical professionals, your attorney can substantiate the severity of your injury and its long-term impact. They also assess all available legal options to maximize your compensation, factoring in future medical expenses and lost earning potential to secure the best possible settlement or trial result.

Conclusion

Dealing with a back injury and pursuing injury compensation can feel like an uphill battle. But knowing your rights and understanding how back injury compensation in california works, it becomes less of a burden.

You need the best medical and legal team on your side if there's pain. Then your chances improve as you get fair compensation in California. Be sure you seek assistance from Feher Law for your injury claims.