Should I Accept a Workers’ Compensation Back Injury Settlement?

If you hurt your back at work in Raleigh, North Carolina, your employer’s workers’ compensation insurance might offer you a settlement. Choosing to accept a settlement is a big decision. It can impact your long-term financial security and access to health care.

Here’s what you need to know about accepting workers’ compensation back injury settlements. 

How Do Workers’ Compensation Settlements Work for Back Injuries?

A workers’ compensation settlement is a lump sum or structured payment that resolves your claim. Instead of receiving weekly wage loss benefits and ongoing medical coverage, you get an agreed-upon amount of money to close your case.

Settlements for back injuries often include:

  • Medical expenses: Covering past and future treatment.
  • Lost wages: Based on your average weekly wage and disability rating.
  • Permanent disability benefits: If your back injury results in lasting impairment.
  • Vocational rehabilitation costs: If you need training to return to work.

Once you accept a settlement, you typically cannot reopen your case later if your condition worsens.

What Factors Affect Back Injury Settlement Amounts?

Several factors determine how much your back injury settlement might be, such as:

  • Severity of your injury: Herniated discs or spinal injuries requiring surgery generally have higher settlement values than minor strains.
  • Need for surgery: Back injury settlements without surgery are often lower because treatment costs are less. However, significant pain or work restrictions still increase value.
  • Permanent restrictions: Inability to return to your prior job due to lifting restrictions can increase your settlement.
  • Epidural injections: For example, a workers’ comp settlement for a low back injury after two epidural injections may be higher than for injuries treated only with medication or physical therapy.
  • Future medical needs: The more ongoing care you require, the higher your settlement may be.
  • Your age and occupation: Younger workers with permanent injuries may receive more because of longer lost earning capacity.

This list is far from exhaustive, so it is best to speak to a skilled attorney for more information. 

What Is the Average Lower Back Injury Settlement Amount?

Every case is different, but general ranges for workers’ comp back injury settlements include:

  • Mild strains or sprains (no surgery needed): $10,000 to $30,000
  • Herniated disc without surgery: $25,000 to $75,000 depending on permanent restrictions
  • Herniated disc with surgery: $50,000 to $150,000 or more
  • Severe spinal injuries or fusion surgery cases: $150,000 to $300,000+

These figures depend on factors like medical costs, disability rating, and lost income. Your claim could fall below or above these averages.

Should I Accept the First Settlement Offer?

Usually, no. Insurance companies often make low initial offers, hoping injured workers will accept quickly. Before agreeing to any settlement, you should:

  • Complete your treatment: Know the full extent of your injury and future medical needs.
  • Receive a permanent impairment rating: This affects your settlement value.
  • Understand your restrictions: Know if you can return to your old job or if you’ll need new employment.

Consult an experienced workers’ comp attorney. A lawyer can calculate the fair value of your claim and negotiate with the insurance company.

What Are the Risks of Settling Too Soon?

Settling before your treatment ends can leave you underpaid. It’s also risky to do this without knowing your permanent limitations. Risks include:

  • Uncovered future medical expenses: If your condition worsens, you might have to pay out of pocket after settlement.
  • Inability to return to work: If you settle without considering vocational retraining needs.
  • Loss of wage benefits: Settling stops weekly benefits, so you must budget the lump sum carefully.

It is always best to speak to an attorney to understand the full risks. 

Can I Get a Back Injury Settlement Without Surgery?

Many workers’ comp back injury settlements are reached without surgery. Even with just physical therapy, medication, or epidural injections, you can still get a fair settlement. This should reflect your pain, limitations, and lost income.

A workers’ comp settlement for a low back injury could range from $20,000 to over $50,000. This amount depends on your ongoing symptoms and whether you can return to work.

What if I Need Surgery Later?

If you settle your claim and don’t include future surgery costs, you’ll likely have to pay those expenses yourself. It’s important to know your medical condition. Talk to your doctor about future treatment before agreeing to a settlement.

Should I Consider a Work Injury Lawsuit Instead?

In most cases, workers’ compensation is your exclusive remedy for workplace injuries in North Carolina. However, if a third party (not your employer) caused your back injury—for example, a negligent driver while you were working—you may be able to file a personal injury lawsuit in addition to your workers’ comp claim. 

Lawsuit settlements are often higher because they include pain and suffering damages.

How Can a Workers’ Comp Lawyer Help With My Back Injury Claim?

An experienced workers’ compensation attorney can:

  • Review your medical records and disability ratings
  • Calculate the full value of your claim
  • Negotiate with insurance adjusters for maximum settlement
  • Ensure future medical needs are covered
  • Identify possible third-party claims for additional compensation

Without legal help, you risk accepting a settlement that does not reflect the true cost of your injury.

Talk to a Raleigh Workers’ Compensation Lawyer About Your Back Injury Settlement

If you suffered a back injury at work in Raleigh, North Carolina, don’t agree to a workers’ compensation settlement without knowing your rights. Back injuries can leave you with pain, medical expenses, stress, and more. It’s critical to have an experienced legal team on your side to make sure you are adequately compensated. 

The team at Riddle & Riddle Injury Lawyers can review your case, explain your options, and fight for the compensation you deserve. Please contact us to schedule a free consultation with a workers’ compensation lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.

Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020

Riddle & Riddle Injury Lawyers – Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
(704) 486-5824

Riddle & Riddle Injury Lawyers – Durham Office
100 E Parrish St STE 200, Durham, NC 27701
(919) 728-1770

Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111

Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066

Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620

Riddle & Riddle Injury Lawyers – Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
(919) 778-9700

Riddle & Riddle Injury Lawyers – Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599

Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624

Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186

Riddle & Riddle Injury Lawyers – Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064

Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042