Can You Get a Settlement for Back Strain and Lost Earnings on Workers Comp in KY?

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Workers’ compensation covers your medical expenses and lost earnings. If you suffer a work-related back strain, you can file a workers’ compensation claim and negotiate a settlement. The outcome, however, depends on the specific facts of your case and on the quality of your Kentucky workers’ compensation lawyer.


You can negotiate with the workers’ compensation system. Although many people have received settlements, how much you receive, if anything, depends on the circumstances of your case and the skill of your lawyer. Most Kentucky workers’ compensation claims are settled, and most of these are settled in lump sum. If you are receiving weekly payments, you can negotiate with the insurance company for conversion to a lump sum payment.

Your workers’ comp settlement must be approved by the Kentucky Department of Workers’ Claims by filing an Agreement as to Compensation and Order Approving Settlement. Once your settlement is finalized, your case is over — you cannot receive any more compensation for the same injury, even if the compensation you receive turns out not to be enough.

How Much Can I Receive? How Long Will it Take? What are My Chances?

Although averages can give you a general idea of what other, similarly-situated people have experienced, be careful not to over-rely on them, because no two cases are exactly alike and individual results vary widely. That being said, however, below are some general averages:

  • The average compensated worker receives about $25,000 (including medical expenses and lost earnings).
  • On average, it takes about a year and a half to settle a workers’ compensation claim related to a back injury.
  • About three-quarters of all claimants are successful in receiving at least some compensation. The odds are generally much better for claimants who retain workers’ compensation attorneys.

Filing a Claim Outside the Workers’ Compensation System

If you can find a defendant other than your employer (the manufacturer of defective equipment, for example) who is responsible for your injury, you might be able to win an ordinary personal injury settlement instead of (or in addition to) a workers’ compensation settlement, even if your injury occurred on the job. The advantage of doing so is that you will be able to claim damages for pain and suffering, which could potentially double or even triple your total compensation.

Take Bold Action Today

Typically, the more serious an injury is, the more skill it takes to settle a workers’ compensation claim — and the more prompt action matters. Contact Kentucky personal injury lawyer Glenn Martin Hammond at (606) 437-7777, or complete our online contact form, to set up a free case consultation where we can answer your questions and discuss your options.

We serve clients in Lexington, Pikeville, Winchester, Paris and elsewhere in the state of Kentucky– and we work for free unless we in your claim.

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