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A Guide to Workers' Compensation Settlements for Back Injuries in Illinois

If you have been involved in a work-related accident that resulted in a back injury or have developed a back injury as a result of repeated stress related to your job, you may be able to seek compensation with the help of a workers’ comp attorney. In many cases, back surgery may also be required, which will result in additional lost wages and medical expenses.

What Types of Back Injuries Are Covered by Workers’ Compensation in Illinois?

In Illinois, workers' compensation covers a wide range of back injuries, whether they happen suddenly from an accident or develop over time due to repetitive motions. Common back injuries that may be covered include:

  • Herniated, slipped, or bulging discs
  • Spinal fractures, breaks, or spinal cord damage
  • Lower back strains or sprains
  • Sciatica, pinched nerves, or nerve damage
  • Degenerative disc disease aggravated by work

As long as your back injury occurred while performing your job duties, you are likely eligible for workers' comp benefits in Illinois.

What are the most common back injuries eligible for workers' comp?

The most common back injuries eligible for workers' comp include herniated discs, lower back strains, spinal fractures, sciatica, and aggravated degenerative disc disease. These injuries typically result from heavy lifting, repetitive motions, falls, or prolonged strain at work.

Warehouse worker in a safety vest sits on a bench, holding his lower back in pain.

Back Injury Workers’ Comp Settlements with Surgery

In some cases, more serious injuries may develop that require spinal surgery for full recovery, which can be costly and require more time off work, resulting in a combination of more expenses and lost wages.

Procedures such as discectomies, percutaneous surgery, laminectomies, and lumbar spinal fusions can consist of long recovery periods and prevent the ability to return to work, but workers’ compensation for back injuries can help recover damages to cover these costs.

  • Are herniated and bulging disc surgeries covered under workers’ compensation in Illinois?

    Yes, workers' compensation typically covers necessary surgeries like discectomies or spinal fusions to treat work-related disc injuries.

  • How does recovery after spinal fusion surgery impact workers’ compensation benefits?

    Recovery after spinal fusion can take months, during which you may receive TTD benefits. Workers' comp should cover medical costs and rehabilitation associated with your surgery.

  • What is the average workers' comp settlement for spinal fusion surgery?

    The settlement depends on medical costs, lost wages, and any long-term disability, reflecting the severity of the surgery and its impact on your life.

  • Can I get a settlement for a lumbar laminectomy?

    Yes, a lumbar laminectomy, a surgery often performed to relieve pressure on spinal nerves, may result in a workers' comp settlement.

  • What influences the average settlement amount for back injuries with surgery?

    The settlement amount for back injuries requiring surgery can depend on factors such as the type of surgery needed, the long-term effects, your age, and the extent of your disability. Each case is unique, so it's essential to consult with a legal expert to understand how these factors apply to your situation.

Back Injury Workers’ Comp Settlements without Surgery

In many cases, workers will only require rest and relaxation for any back injuries sustained. However, some injuries will entail more treatment through the use of medication or cortisone, while others may require braces or other support devices to help stabilize the back.

  • When does workers’ comp offer a settlement for a back injury without surgery?

    Workers’ comp may offer a settlement when the injury results in significant medical bills, lost wages, or permanent disability, even if surgery is not required.

How Do I File a Workers' Compensation Claim for a Back Injury in Illinois?

Although the workers’ comp system frightens many individuals due to a lack of information regarding how the process works, you can more easily navigate the process with the help of reliable attorneys. Illinois allows you to file a claim with either your lawyer or the state.

Filing a workers' comp claim in Illinois involves specific steps. Here’s how you can get started:

  1. Report the Injury: You must notify your employer about the injury within 45 days of the incident. Failure to do so can result in a denial of your claim. However, this can be extended if the injury didn’t appear immediately following the incident.
  2. Seek Medical Attention: Get immediate medical care for your injury. Keep records of your treatment, as this will be crucial for your claim.
  3. File the Claim: Your employer should file a claim with their workers' comp insurance carrier. However, you should also file a claim with the Illinois Workers' Compensation Commission (IWCC) to ensure your case is documented.
Patient in a medical setting wearing a back support brace, gripping a walker for support.

What Benefits Are You Entitled to After a Back Injury in Illinois?

Workers’ compensation in Illinois typically provides the following benefits for a back injury:

  • Medical Coverage: All necessary and reasonable medical treatment related to your back injury, including surgeries, physical therapy, and medications, are covered.
  • Temporary Total Disability (TTD): If your injury prevents you from working, you can receive 66 2/3% of your average weekly wage while you are off work.
  • Permanent Partial Disability (PPD): If your injury causes permanent damage but you can still work in some capacity, you may be entitled to PPD benefits.
  • Vocational Rehabilitation: In some cases, workers are unable to return to their previous job and may require retraining for a new position. Workers' comp can cover vocational retraining programs.
  • Permanent Total Disability (PTD): If your injury prevents you from ever returning to work, you may qualify for PTD benefits.

What Is the Average Workers' Comp Settlement for a Back Injury in Illinois?

The amount of your workers' comp settlement depends on the severity of your back injury, your medical needs, and how the injury affects your ability to work. In Illinois, settlements can vary greatly, but many workers with serious back injuries receive substantial settlements that cover:

  • Medical bills
  • Lost wages (both temporary and permanent)
  • Costs of future medical care
  • Pain and suffering (in some cases)

For example, a worker with a herniated disc requiring surgery may settle for $50,000 to $100,000 or more, depending on the circumstances.

What Are the Requirements for Workers' Compensation for Back Injuries in Illinois?

To qualify for workers’ compensation for a back injury, Illinois law requires the following:

  1. Timely Reporting: You must notify your employer within 45 days of the injury. Delays in reporting can jeopardize your claim.
  2. Work-Related Injury: The injury must have occurred during the performance of your job duties or due to work conditions.
  3. Medical Evidence: Provide detailed medical records to support the nature and severity of your back injury.
  4. Adherence to Medical Treatment: Follow prescribed treatments and attend all appointments to demonstrate your commitment to recovery.

Failure to meet these requirements can result in a denial of your claim.

Common Back Injuries Covered by Workers' Compensation in Illinois

Workers' compensation in Illinois covers back injuries caused by:

  • Lifting heavy objects
  • Slips, trips, and falls
  • Repetitive motion (i.e., bending, twisting, or lifting)
  • Vehicle accidents while on the job
  • Sudden trauma (i.e., equipment malfunction or falling debris)

It's important to note that aggravation of a pre-existing condition, such as degenerative disc disease, may also qualify for workers' compensation if the work environment worsened the condition. Regardless of the types of work-related injuries sustained, workers can file for compensation whether the injury is mild or severe, or whether it immediately or gradually displays symptoms.

Worker who sustained a back injury, being attended to by 2 coworkers

How to Maximize Your Workers' Compensation Benefits for a Back Injury

To ensure you receive the full compensation you deserve for your back injury, consider the following tips:

  1. Document Everything: Keep detailed records of your injury, medical treatment, and how the injury impacts your daily life and ability to work.
  2. Follow Your Doctor’s Orders: Adhere strictly to your treatment plan to avoid giving the insurance company a reason to deny your claim.
  3. Work with an Attorney: A workers' compensation attorney can help negotiate the highest possible settlement and ensure that all aspects of your claim are covered, especially in cases involving severe or long-term injuries.

What Should I Do If My Workers' Compensation Claim for a Back Injury Is Denied?

Unfortunately, workers' comp claims are sometimes denied. If this happens to you, don’t give up. In Illinois, you can:

  • File an appeal with the Illinois Workers' Compensation Commission (IWCC).
  • Work with an experienced attorney to gather additional evidence or address any issues that led to the denial.
  • Attend a hearing where your case will be presented before an arbitrator.

How Long Will It Take to Get a Workers' Comp Settlement for a Back Injury?

The timeline for receiving a workers' compensation settlement in Illinois can vary depending on the complexity of the case, the severity of the injury, and how cooperative the insurance company is. In general, it can take anywhere from a few months to over a year to finalize a settlement. Working with an attorney can help expedite the process and ensure you get fair compensation as soon as possible.

When does workers’ comp offer a settlement for a back injury?

Settlements are offered based on the severity of the injury, medical expenses, and how the injury impacts the ability to work. Workers' comp settlements are typically offered once the full extent of the injury and necessary ongoing treatment is clear.

A frustrated worker with a back brace reviewing legal documents

Get the Help You Need with a Dedicated Back Injury Workers’ Comp Firm

When you work with the professional team at Vasilatos Injury Law, we will file your back injury workers’ comp claim and provide representation in any negotiations. We will also stand with you in court if needed. Our attorneys understand how crucial it is to work on every aspect of your life that your injury has impacted.

We’ll provide an accurate assessment of how your injury has affected your life from health and finances to employment. We’ll then work with you to pursue the benefits you need. We can work with you to make sure you receive a fair settlement and that you are offered a sufficient amount of compensation to cover lost wages resulting from lost work along with required treatment.

Here at Vasilatos Injury Law, our back injury workers’ comp attorneys will give you individual attention. We have many years of collective experience working with hundreds of workers’ comp clients to recover compensation.

Attorney reviewing documents with an injured man in a back brace

Workers’ Comp Settlements & Payouts for Back Injury Claims with Vasilatos

Compensation for back injuries can vary from case to case and severity of the injury itself. Here are some success stories from clients we’ve represented.

$2,700,000 Back Injury Settlement with Surgery

$2,700,000 personal injury settlement for a laborer who injured his lumbar vertebrae, resulting in spinal surgery and an inability to return to his former line of work.

$437,000 Back Injury Settlement with Surgery

$437,000 workers’ compensation settlement for a Spanish-speaking laborer who underwent multiple leg surgeries and lumbar spine surgery, but was able to return to work in a light duty capacity. The laborer earned $9.00/hour at the time of the accident.

$290,000.00 Back Injury Settlement with Surgery

$290,000.00 for a general laborer who underwent multiple level spinal surgery and was released with permanent restrictions.

Convenient & Reliable Back Injury Workers’ Compensation

At Vasilatos Injury Law, we understand how consequential a workers’ comp case can be, which is why we offer a free consultation to provide an honest assessment of your situation and determine how to handle your case. At each of our locations in Chicago and Flossmoor, our helpful staff will work with you to ensure your case is handled with unparalleled professionalism and expertise. If you have sustained a work-related injury resulting in a back injury or other type of injury, contact Vasilatos Injury Law for help reaching a back injury workers’ comp settlement. Simply call us today toll free at (877) INJ-LAW1, and we’ll help determine if you have a case and provide you with some of the best representation you’ll find in the Chicagoland area.

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CLIENT TESTIMONIALS

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Vasilatos Injury Law is the best injury law firm in the City of Chicago. Attorney Vasilatos handled my worker’s compensation case with professionalism, and worked hard to ensure I received the benefits I was entitled to. Whenever I called, my calls were answered or returned promptly. This was very important to me since other attorney’s never return calls or are never available to talk to you.

I have referred Vasilatos Injury Law to my friends and family who have also experienced excellent results.

SHIRLEY DILLARD

Principal at CPS-McNair Academic Cemter

I came to Vasilatos Law almost 20 years ago. I had a workers' compensation case with my former employer and Mr. Vasilatos always was and still is a true gentleman. He cares about his clients, he listens, gives great legal advice, and is always a phone call away. He is honest and will explain everything in detail. He is patient, sincere, very knowledgeable, extremely professional, and will always return your calls in a timely manner. I recommend Mr. Vasilatos and Vasilatos Law as the best law firm to represent you in your workers' compensation or personal injury case to anyone who wants results.

I hired Vasilatos Law firm on more than one occasion and they always delivered the best results. Vasilatos Law is the best workers' compensation and personal injury attorneys you can have on your side.

F. ZORBA

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If you have questions regarding any aspect of workers’ compensation or personal injury, we invite you to call our office or complete the email form provided to the right.

Main Office

159 N. Sangamon Street, Suite 200, Chicago, IL 60607

Phone: 312-559-8339
Fax: (312) 356-9994
Toll-Free: 1-877-INJ-LAW1

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19801 Governors Highway, Suite 120 Flossmoor, IL 60422

Phone: (708) 283-0600
Fax: (708) 283-6911
Toll-Free: 1-877-INJ-LAW1

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FAQs

Do all back injuries qualify for workers’ comp?

How much can I expect for a lumbar radiculopathy workers' comp settlement?

Can I receive workers’ comp for a degenerative disc disease aggravated by work?

How does nerve damage from a back injury affect settlement?

What should I do if I get a settlement offer?