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Navigating Workers’ Compensation for Back Injuries in Kansas City
The U.S. Bureau of Labor Statistics has estimated 27,800 nonfatal injuries at the workplace reported by employees in 2019 in Kansas City, equivalent to 29 recordable cases per 1000 cases. Back injury is a form of nonfatal occupational injury for which the worker can claim compensation under back injury and workers compensation. This compensation covers benefits like wage loss, medical expenses, rehabilitation resource services, and any additional expenses needed by the worker to reinstall themselves in the job, etc.
Explore average settlement for workers comp back injury. Expert legal support in Kansas City to optimize your claim. Act now for the best results!
Overview of Back Injury Types
The most common types of back injuries reported in compensation claims in Kansas City are:
- Pinched back nerves
- Herniated discs
- Bulging discs
- Damage to the spinal cord or spinal discs
- Muscle spasms in the back
- Slipped discs
- Fractures in cervical disc
- Fractures in lumbar disc
- Dislocation of the spinal cord
- Punctured bones in the back
- Sprain and strain
- Arthritis
- Spondylolisthesis
These are just some types of injuries that workers develop or sustain at their workplace. It is important to remember that back injury workers comp settlement amounts can only be awarded for injuries that resulted at the workplace.
Causes and Risks Associated with Workplace Back Injuries
The most common causes of back injuries at work are:
- Strain on back due to lifting voluminous stuff
- Low sitting tolerance of back due to bad posture in corporate jobs involving screens
- Mismanaging weight by using disproportionate force, such as using one arm only
- Stretching
- Repetitive job over a prolonged time
- Overexertion
- Slipping and falling while handling weight that is too heavy to handle by a single person. This can result in herniated injuries. herniated disc lower back workers’ comp settlements are the trickiest to handle due to their medical and legal complexity.
- Driving for long hours i.e. as in transportation jobs
- Workplace accidents
High-Risk Occupations for Back Injuries
Some occupations have a high risk of back injuries for the workers. Some of these high-risk occupations are:
Corporate Jobs: Prolonged poor posture is the prime cause of back injuries in corporate jobs because screen and indoor work is required. 45.7% of workers at such jobs suffer from back issues and eventually have to apply for compensation for back injury at work.
Nursing: 52.8% of nurses suffer from back issues.
Construction: 43% of construction workers report back-related injuries
Maintenance: A 42.5% ratio is observed in the maintenance industry.
Transportation: A 32.4% ratio is observed in the transportation industry.
The risk level is another crucial determinant when compensation is calculated.
Statistical Insight into Back Injuries
U.S. Bureau of Statistics shows that:
- 38.5% of the musculoskeletal problems caused at the workplace are back injuries. Lower back injury settlement amount workers’ compensation forms a major type of compensation for this category.
- 27,800 nonfatal back injuries in Kansas City in 2016.
- Annual cost of $635 billion on treatment and compensation claims for back injuries in the US.
- For each missed-day-from-work case, approximately 12 days account for back problems.
- Back injury is the most prevalent cause of missing work in the USA, accounting for more than one million workers annually who suffer from one or more types of back problems at the workplace. This has given the workers compensation back injury settlement claims a significant upward trend.
Establishing Proof for Work-Related Back Injuries
- Medical report of the injury: A detailed doctor’s diagnosis about the nature of your injury, the recovery period, treatment description, resources needed for rehabilitation, etc, forms the essential part of the medical report for a back injury. The medical report is crucial evidence to establish the occupational injury.
- Supporting medical documents: Imagery such as x-rays, MRI reports, medical tests, etc, can also be used to strengthen the findings of the medical report. These reports are important especially if you are applying for back injury settlement without surgery workers’ comp category.
- Eyewitnesses: Statements of the eyewitnesses of the accident can also be used as evidence.
- Electronic documentation: Electronic documentation such as CCTV footage of the accident or images.
Understanding Different Workers’ Comp Categories for Back Injuries
There are five main categories of benefits to claim:
- Medical expenses cover treatment, hospital bills, and recovery expenses.
- Monetary benefits for temporary absence from work under the Temporary Total Disability category due to back injury. This is the most common type of benefit awarded in workers compensation settlement for back injury claims.
- Monetary benefits for workers under the Temporary Partial Disability category where the working capacity of the worker is affected due to injury.
- Ongoing monetary compensation for workers under the Permanent Total Disability category who permanently lost their ability to perform work due to back injury.
- Monetary compensation to the dependents of the deceased worker losing their life due to injury or accident at the workplace.
Eligibility for Workers’ Comp Benefits After a Back Injury
To be eligible for workers comp for back injury benefits, you have to show that:
- The injury happened at the workplace and;
- Resulted due to long or short-term work environment factors.
You can claim the following benefits you are eligible for back injury compensation:
- Medical expenses
- Temporary Total Disability benefits
- Temporary Partial Disability benefits
- Permanent Total Disability benefits
- Compensation for death
- Rehabilitation compensation
Each category of benefits, as outlined in detail above, requires a set of prerequisites to meet in order to be eligible for workers’ comp back injury payout.
Evaluating Average Compensation Settlements for Back Injuries in Missouri
Compensation settlement in Kansas City can be evaluated by the following chart.
Type of Compensation Benefit | Amount |
Disc and joint injuries | $20,000 – $25,000 |
Temporary Partial Disability | 66 2/3% of the average wage of the worker |
Temporary Total Disability | 66 2/3% of the average wage of the worker |
Permanent Partial Disability | 66 2/3% of the average wage of the worker |
Permanent Total Disability | 66 2/3% of the average wage of the worker |
Death | Compensation under §287.240, RSMo |
Common Defense Tactics by Employers and Insurers
Some common tactics of employers and insurance companies are:
- Attempting to blame workers for not practicing precautionary measures at the workplace or establishing that it was a pre-existing condition.
- Undermining the findings of medical reports through so-called independent medical practitioners who are often secretly associated with insurance companies.
- Trying to keep the worker on the job through a return to work policy to cut on the workers’ compensation for back injury amount.
- Delay tactics to make the worker wary and accept the settlement conditions offered by the insurance company.
- Using defense attorneys to target the maintainability of the claim.
Filing a Claim: Step-by-Step Guide
Step-by-Step Instructions
Step 1
Get yourself checked by a qualified doctor to receive immediate medical attention, a detailed diagnosis, running medical tests, etc.
Step 2
Report the injury to your employer on time.
Step 3
Focus on getting better.
Step 4
Gather the necessary documents i.e. detailed medical diagnosis and supporting evidence.
Step 5
Once you have done this exercise, consult an expert workers comp back pain attorney to discuss the next steps.
Step 6
File the claim along with all relevant documents.
Step 7
Perform regular follow ups with the doctor, and the insurance company to track the progress of your claim and support with additional information, if needed.
Step 8
Timely use other legal remedies if the offer by the insurance company does not sufficiently cover your expenses.
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