Back Injury Settlements Under the Jones Act

How much are back injury settlements worth under the Jones Act? 

Because the Jones Act is a federal statute, there is no specific settlement amount designated for each type of injury. Find out more about common injuries under the Jones Act, such as the neck, back, or spinal injuries.

How Much is a Lower Back Injury Worth?

In the past, we’ve had maritime settlement results anywhere from $550,000 to $1,400,000+ for a back injury. The settlements all depend on a variety of factors that influence the value of the claim.

However, if you have suffered a neck, back or spinal injury directly caused by your accident at work, you will be entitled to both pain and suffering and lost wages if you can no longer earn what you earned before the accident. The value of your case under the Jones Act generally depends on the severity and permanence of the injury or illness. For example, if you did not require surgery, then the value of your case will typically be worth significantly less than if you did require surgery.

Factors That Affect the Value of a Lower Back Injury Settlement

The following can affect how much you may be able to receive for a lower back settlement:

• How many surgeries you need
• Whether you can go back to work
• Whether you can get other high-paying jobs
• Whether you previously had a back injury
• Whether you’re a Jones Act Seaman
• Whether you were partially at fault for your injury

What Is a Fair Back Injury Settlement?

If you’re trying to get a sense of how much your back injury settlement should be, one way is to look at how much your medical care will cost by estimating the average cost of back surgeries. For instance, if your treatment will cost $20,000 but the company is only offering you $5,000, then you can safely assume that the settlement offer isn’t going to cover what you need.

Back surgeries are certainly not one-size-fits-all; some of the following procedures are often combined with others. For instance, a surgeon will often perform a discectomy and a spinal fusion at the same time. The prices also change based upon the number of vertebrae involved in a procedure. However, the estimated costs for common spinal procedures listed below can help you determine if what you are being offered is even in the ballpark. Keep in mind is that these estimates do not include the costs of hospital stays, medications, or lost wages.

Three Reasons Why It May Be Possible To Receive a Large Settlement for Your Back Injury

1) Any Serious Injury Can Prevent You From Returning To Work

A major consideration in any Jones Act case is lost wages as a result of your injury. A lower back settlement under the Jones Act will generally make up for future wages. If you have a serious lower back injury that prevents you from heavy lifting and your job requires it, you will not be able to make the kind of money you made before. 

Under the Jones Act and Maritime Law, the value of a neck, back or spine injury is directly related to the extent of the physical limitations you experience due to the injury. If you are able to return to the same duties, you will likely receive the same compensation as before your injury. However, if your injury presents physical limitations, like keeping you from doing heavy lifting on a rig or vessel, then it is likely you will make significantly less money when you return to work. This factor will influence your settlement amount.

2) Serious Injuries Cause a Lot of Pain

A lower back injury settlement under the Jones Act is also made up of pain and suffering. If you have a lower back injury, chances are you are in a lot of pain and so the amount of pain and suffering is going to be significant.

3) Offshore Injuries Can Be Expensive To Fix

It can be expensive to get surgery after you’ve been injured. For example, a lower back surgery can cost $50,000 to $75,000. There can also be future medical treatment or rehabilitation that’s needed. Because medical expenses are typically included in any type of Jones Act settlement or judgment, you could receive a significant amount to pay for these medical expenses.

See a list of our case results and the amounts that some of our other clients have received for their lower back injuries.

Keeping Your Options Open

Even if you don’t think you’ll pursue a claim, it’s always smart to keep your options open. Here are a couple of actions you might want to do to preserve your rights following an injury:

• Seek medical attention from a board-certified physician with no connection to your employer or their insurance provider.
• Do not sign anything before your attorney has reviewed it. Employers and insurance companies will often try to offer you a cash settlement if you sign away your rights under the Jones Act.
• Keep all medical records and receipts. Your lawyer can use these to further your case. An attorney will need to see all past receipts and records to get an accurate understanding of what the employer already covered and what can be included in a claim such as: cost of prosthetics; cost of physical and/or occupational therapy; and surgical expenses. An attorney may need to consult with the treating physician to understand the expected future costs of treatment, as these can be included in the claim.
• Keep records of past income and other earnings. An attorney must see past records of income in order to gauge the full extent of lost wages. This includes the history of bonuses, raises and promotions. Also, be certain to talk to your attorney about other perks of the job including insurance, free housing, meals and retirement funds. A Jones Act settlement can account for these benefits as well.
• Maintain any evidence from your accident that proves your company’s negligence, such as accident reports, witness statements and photos from the scene.

Contact Us With Any Questions About Your Injury Settlement

At The Young Firm, we are 100% focused on Jones Act and maritime injury law cases. We understand claims like yours because we have handled so many of them. We are well aware of the specific requirements that you have as a victim of a maritime accident, and we can help you recover your lost benefits and get you compensation for damages.  

Schedule your free consultation today. If you have questions about the value of your Jones Act settlement or if you want to get started with your claim, contact a lawyer from The Young Firm at 504-680-4100.