The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater.
Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as:
- the pain of the injury,
- how debilitating the injury is, and
- whether the injured party had any pre-existing injuries.
In general, a workers’ compensation settlement is simply an agreement on the workers’ compensation benefits that will be given to an injured worker. These benefits can take the form of:
- lost wages (given as a form of temporary disability benefit)
- permanent disability benefits, and
- compensation for the medical care required to treat the claimant’s injury.
When an injured claimant settles for the cash value of their future care, the settlement can either be drafted as a:
- Stipulation with Request for Award, or
- Compromise and Release.
A Stipulation with Request for Award is paid over a period of weeks or years.
A Compromise and Release is paid as a single lump sum immediately
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000.
How much can a workers’ compensation settlement be worth for a herniated disc?
The exact worth of a workers’ comp settlement for a herniated disc will depend on the facts of every case and the degree of the injury.
With that said, however, the average settlement can range from $40,000 to $80,000.
Though note that no two herniated disc cases will be exactly the same. This means settlement figures for herniated disc injuries will vary depending on such factors as:
- the pain of the injury,
- the level of debilitation the injury causes,
- whether the injured claimant had any pre-existing injuries,
- whether there were any difficulties in treating the injury,
- the proposed length of the treatment,
- the injured person’s age, and
- the injured party’s occupation.
What is a workers’ compensation settlement?
A workers’ compensation settlement is an agreement on the benefits available to an injured worker. The agreement is between the injured claimant and California’s Division of Workers’ Compensation/the insurance company.
The agreed upon benefits may include:
- temporary disability benefits,
- permanent disability benefits, and
- medical care for the injured part(s) of the body.
Temporary disability benefits are paid for lost wages when an injured worker is unable to work due to an injury.
Permanent disability benefits are for permanent damage from a work injury. The exact amount awarded is based on medical reporting and is given as a percentage rating of disability. The benefits are paid at a set amount over a period of weeks depending on the level of disability.
The final benefit included in a workers’ comp settlement is money given to compensate the injured claimant for the medical care required to treat their injury. The future dollar value of the medical care is based on:
- reports from physicians, and
- the type of treatment required.
An injured worker can settle their claim for California workers’ compensation benefits by:
- agreeing to have the insurance company provide future medical care for the injury for life, or
- taking the cash value of the future medical care.
Settlements can get drafted as either:
- a Stipulation with Request for Award, or
- a Compromise and Release
A herniated disc can result in debilitating pain
What is a Stipulation with Request for Award?
A Stipulation with Request for Award includes:
- a payment to the worker for temporary benefits,
- a payment for permanent benefits, and
- a statement that the worker has an injured body part that requires future treatment.
As to payments, the claimant is paid immediately for the benefits. The insurance company then pays for future treatment as it becomes due. Because of this, a Stipulation with Request for Award is paid over a period of weeks or years.
What is a Compromise and Release?
A Compromise and Release settles:
- the parts of the body that the claimant injured,
- the amount of temporary disability the claimant is to be given,
- the amount of permanent disability the injured party is to be given, and
- the amount of money that their future medical care will cost.
Upon this type of settlement, the worker is given one lump sum payment to cover the:
- amount of benefits, and
- the cost of future medical care.
A Compromise and Release is what many people commonly think of as a settlement of a legal case. One party (here, the insurance company) pays another party (here, the injured worker) to end the case. The two parties do not have anything to do with each other once the settlement is done and the money is paid.
The value of the future medical care depends on what medical care the doctor believes the injured worker will need in the future.
For additional discussion, see our page on worker’s comp settlements for degenerative disc disease.
