Neck & Back Injuries

Work-related injuries to the neck and back resulting in some level of permanent disability, are compensated on the basis of industrial disability, which is understood to account for the injured worker’s loss of earning capacity. This does not mean compensation for actual loss of earnings, but rather a percentage of the injured worker’s capacity to earn. These types of claims are based on a percentage of 500 weeks of benefits, unless an injured worker is determined to be permanently and totally disabled, which results in lifetime benefits.

If, for instance, a work injury resulted in low back surgery and a doctor provided a permanency rating of ten percent, many insurance companies would compensate the injured worker for 50 weeks of benefits. This determination would be made on the basis of a doctor’s ten percent rating as it applies to the 500 weeks, which would be 50 weeks. However, this is not the actual basis of compensation that should be calculated in order to compensate an injured worker. Under the concept of industrial disability, a meaningful assessment of the injured worker’s disability can result in benefits far beyond a rating from a doctor, as this rating is only one small factor that should be utilized to calculate industrial disability.

While there are many factors, the most important are whether or not the injured worker is able to return to their regular employment, and what permanent restrictions and limitations are assigned to the injured worker on the basis of the injury. Restrictions and limitations provide a valuable guideline as to what jobs an injured worker may be able to perform after recovering from an injury. Despite a low rating from a doctor of permanent impairment, an injured worker could well be found to have suffered industrial disability/loss of earning capacity at levels far beyond the doctor’s rating. This level of disability, determined by the industrial disability assessment, provides the basis upon how many weeks an injured worker will be paid due to a permanent injury.

Wertz & Dake recommends if an injured worker has an injury to their neck/back that results in a permanent injury, the injured worker should consult with an attorney who is both experienced and knowledgeable in workers’ compensation. Wertz & Dake provides the ability to meet and review your workers’ compensation claim at no expense to you.