Todd Lasky | April 14, 2025 | Workers' Compensation
If you have been hurt in a workplace accident, chances are high that you may have suffered a back injury. Back injuries are one of the most common types of workplace injuries suffered by workers across the country. Most of these injuries are covered by workers’ compensation in Pennsylvania, and these cases can sometimes be complex.
After your back injury, the insurance company might make you a settlement offer. But, should you accept it? Dive into all the details below to learn more about how to decide whether to accept their offer.
What Is Workers’ Compensation?
Workers’ compensation is a type of employer-provided insurance that covers employees for work-related injuries. In Pennsylvania, this coverage is mandatory for most employers. This insurance provides coverage for medical expenses and lost wages if a worker suffers an on-the-job injury.
Some common injuries suffered on the job include:
- Broken bones
- Burn injuries
- Lacerations
- Brain injuries
- Hearing or vision loss
- Electrocution
- Wrongful death
Worker’s compensation also helps protect employers from liability. When workers’ compensation applies to an accident or injury, it is the exclusive remedy. This means that an injured worker cannot directly sue their employer in most cases. They are limited to the benefits provided by workers’ compensation insurance except in special cases where third-party claims may exist.
When Does Workers’ Compensation Make a Settlement Offer?
If you are hurt on the job, workers’ compensation will cover medical treatments and lost wages. In many cases, an injured worker might miss time from work because of their injury. If the injury is severe enough, they could miss substantial time from work or even be left with a permanent disability.
An important term to understand when evaluating workers’ compensation claims is maximum medical improvement (MMI). Once a doctor determines that you have reached MMI, they can evaluate your injury to determine whether you are left with any permanent impairment.
If you have suffered a permanent impairment because of your injury, your workers’ compensation claim can sometimes go on for years. This means that the insurance company might need to continue making regular payments for lost wages and other benefits. Instead of keeping the claim open for so long, they might decide to simply make you a settlement offer.
The insurance company might make you a settlement offer because it will close the claim. It will also release them from all future liability for your injury. However, before you accept this type of offer, you should carefully evaluate your situation to determine whether the offer is fair.
Is My Workers’ Compensation Settlement Offer Fair?
There are many factors that must be considered when deciding whether to take a settlement offer for your back injury. Once you accept the settlement, you cannot ask for any additional compensation for that injury. If you accept an offer that is too low, you could find yourself in a bad position. You may struggle to pay for future medical treatments or other expenses from your injury.
Some factors you should consider when determining whether your settlement offer is fair are:
- The total amount of any unpaid medical bills
- The extent of your impairment and expected future prognosis
- Whether accepting the settlement will prevent you from working
- Whether the settlement is lower than the total value of your weekly benefit payments
If you determine that your settlement offer is not high enough based on these and other factors, you should probably reject the offer. You can always negotiate with the insurance company and try to get them to raise their offer. Be prepared to present evidence that helps prove your case. This can be used to show the insurance company why its offer is too low.
Contact a Workers’ Compensation Lawyer if You’ve Been Offered a Back Injury Settlement
It can be difficult to calculate a fair value for a back injury settlement on your own. Before accepting any settlement offer, you should always consult with an experienced workers’ compensation lawyer. An attorney can help evaluate all the aspects of your claim. They can also advise you whether or not you should take the settlement. Contact one today for a free case review.
Contact Our Workers’ Compensation Law Firm in Philadelphia Today To Get Help With Your Case
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.
