What is the average workers’ comp neck injury settlement?

There is no single average workers’ comp neck injury settlement in Illinois. Settlement amounts depend on the injury itself and how it affects your ability to work and recover, including the medical care you need and the benefits you qualify for.

A Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates can help explain how these factors apply to your situation and what your claim may realistically be worth under Illinois law.

construction worker easing neck pain from construction injury, work site accident - what is the average workers’ comp neck injury settlement?

How does the severity of a neck injury affect a workers’ comp settlement?

The more serious the neck injury, the higher the workers’ comp settlement is likely to be. Neck injuries that involve herniated discs, nerve damage, or surgery generally result in higher settlement values than strains or soft tissue injuries that heal with rest and limited treatment.

Medical treatment plays a major role in settlement value. Doctors’ records help show how serious the injury is, whether you’ll have long-term pain, and if you’ll need surgery, physical therapy, or ongoing care. Workers’ compensation insurers look closely at both current medical bills and expected future medical care when evaluating workers’ comp neck injury settlements.

How does time off work affect a workers’ comp neck injury settlement?

Time away from work directly affects the value of a workers’ comp neck injury settlement. The longer a neck injury keeps you from returning to work, the more wage replacement benefits may be owed under Illinois workers’ compensation law.

Illinois bases wage benefits on your average weekly wage, with most injured workers receiving two-thirds of what they earned before the injury, subject to statewide minimum and maximum limits. These limits are tied to the statewide average weekly wage and can change from year to year.

What types of workers’ compensation disability benefits apply to neck injuries?

A neck injury can affect your ability to work temporarily or permanently, depending on the severity of your condition. It also affects the type and duration of the disability benefits that you are eligible to receive. According to the Illinois Workers’ Compensation Commission, there are generally four options available, which include:

  • Temporary Total Disability (TTD) benefits: After a neck injury, you may need to rest and limit the stress on your neck for a finite period of time. If you are unable to work during this time, then you may be able to recover TTD benefits until you have reached maximum medical improvement (MMI), which is determined by your doctor. From here, you may be able to return to work or have to apply for a different type of benefits.
  • Temporary Partial Disability (TPD) benefits: TPD benefits help when your neck injury is not severe enough to prevent you from working, but you do have to work in a limited or part-time capacity. These benefits may be drawn until you have reached your maximum recovery potential, or you are able to return to working in your normal capacity.
  • Permanent Partial Disability (PPD) benefits: If you completely or partially lose the ability to execute certain activities because of the damage to your neck, you may have to work in a reduced capacity. These benefits can help make up the difference in income.
  • Permanent Total Disability (PTD) benefits: These benefits provide for lost income indefinitely if your neck injury prevents you from being able to work in any capacity. PTD benefits may also be adjusted periodically to account for cost-of-living adjustments.

Your lawyer will help you determine which one(s) you qualify for and navigate the claim process with workers’ comp insurance companies. They will make sure that your disability benefits and average workers’ comp neck settlement as a whole are calculated fairly. They will speak and negotiate on your behalf, as well as resolve potential issues with the claim you submitted.

Talk to a Chicago workers’ compensation attorney about a neck injury settlement

Horwitz, Horwitz & Associates helps you determine how much you can recover through a workers’ comp neck injury settlement. This is often confusing, and you may be uncertain about how to start calculating the value of your case. Our lawyers are ready to help you receive the compensation you deserve. Contact us online today to schedule a free consultation or call our offices at (800) 985-1819.