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Work-related injuries to the neck and back which result in some level of permanent disability are compensated on the basis of industrial disability. This calculation takes into account your loss of earning capacity. Rather than compensation for actual loss of earnings, this is a percentage of your capacity to earn. This calculation is based on a percentage of 500 weeks of benefits. However, if you're totally disabled, you are eligible for benefits.
If, for example, a back injury at work required surgery and a doctor provided a permanency rating of ten percent, many insurance companies would compensate you for 50 weeks of benefits. This determination is calculated from the doctor's ten percent rating as it applies to 500 weeks, or 50 weeks.
However, this is not the actual basis of compensation which should be calculated to compensate you. Using an industrial disability approach, a meaningful assessment of your disability can result in benefits far beyond a rating from a doctor, as this rating is only one small factor used in calculating industrial disability.
Get the Information You Need for Your Injured Neck/Back
While there are many factors involved in work-related back and neck injuries, the most important is whether you can return to your regular employment. In addition, it's important to determine what permanent restrictions and limitations are assigned to you on the basis of your injury.
Restrictions and limitations provide a valuable guideline for what jobs you may be able to perform after a work injury. Despite a low rating from a doctor of permanent impairment, you might have suffered industrial disability/loss of earning capacity at levels far beyond the doctor's rating. This level of disability--from the industrial disability assessment--determines how many weeks you should be paid due to a permanent injury.
If you've had a neck/back injury which is permanent, contact the experienced professionals at Wertz Law Firm. We offer a free initial workers' compensation claim review.
Injured your neck or back at work? Contact Wertz Law Firm today for a free case evaluation at 319-861-3001.