What Is the Average Workers Comp Settlement for Whiplash - morgan and morgan
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What Is the Average Workers Comp Settlement for Whiplash?

What Is the Average Workers Comp Settlement for Whiplash?

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What Is the Average Workers Comp Settlement for Whiplash?

Whiplash is a common type of injury in cases involving direct impact with a moving or stationary object. While this kind of injury is often associated with car accidents, it is also quite common in non-vehicular accidents such as slips and falls. It is worth noting that accidents such as slips and falls are pretty common in workplaces across the country. Needless to say, the National Safety Council considers slips and falls the second-leading cause of unintentional injuries in the workplace.

A recent study revealed that at least 805 workers died in 2020 alone due to slip and fall accidents in the workplace, and more than 211,000 needed days off work due to bodily injuries caused by this type of accident.

Judging from these numbers, it now makes sense why most workers are interested in determining how much they may be entitled to compensation if they suffer whiplash injuries. The truth is, no fixed amount is considered the ideal compensation for whiplash injuries or any kind of workplace-related injury for that matter.

That said, you should expect an average of $10,000 as compensation for this kind of injury. But, of course, the exact amount you may be able to recover will depend on several factors, such as the severity of your injuries.

If you or your loved one has suffered whiplash due to an accident sustained while on shift, talk to a Morgan and Morgan workers' compensation attorney - they might be able to help you secure the compensation you need and deserve.

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FAQ

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  • What Are Some Common Workplace Accidents That Cause Whiplash Injuries?

    Whiplash injuries can occur in a wide range of accidents in the workplace. Below are a few good examples.

    Whiplash Injury Sustained During a Car Accident While on Shift

    You may sustain whiplash injuries if involved in a car accident while driving a company vehicle, just like you would while driving your own vehicle. This kind of injury mostly occurs when someone hits your vehicle from behind, causing a rapid back-and-forth movement along your neck.

    Whiplash Injury Caused by Falls in the Workplace

    Employers across the country are required by state and federal laws to provide a safe working environment for everyone in the workplace. Any form of negligence could lead to serious accidents and injuries.

    Whiplash is one of the most common injuries sustained in a typical slip and fall accident in the workplace. This injury mostly happens when someone falls off a high surface, such as a flight of stairs or ladder. It's also important to note that you don't need to slip and fall in order to sustain whiplash injuries.

    Assault is yet another common cause of whiplash in the workplace. This injury can occur if you are punched or shaken.

  • What Are Some Common Symptoms of Whiplash?

    One thing you need to know about whiplash is that this kind of injury doesn't usually show symptoms immediately. Instead, these symptoms could take a few days to show. They include:

    • Dizziness
    • Numbness in the arms
    • Constant headaches
    • Pain and stiffness around the beck
    • Pain along the shoulders
    • Memory loss
    • Blurred vision
  • Should I Get Treatment for Whiplash?

    One of the most common myths about whiplash is that the pain will disappear with time, hence no need for treatment. The truth is, failure to seek immediate medical attention after suffering whiplash could worsen the condition.

    In order to understand the importance of seeking medical treatment if you experience symptoms of whiplash, let's look at it from two different angles.

    The Health Aspect

    You should never take chances when it comes to your health. Specifically, don't underestimate an injury's severity even if it doesn't seem serious initially.

    An injury as common and less serious as whiplash could quickly turn into something even more severe within a couple of days or weeks. When you suffer whiplash, you should get checked by a professional doctor immediately. This is not the time to look for DIY tips on the internet — you need to get checked by a professional.

    One of the reasons whiplash symptoms don't usually show right after an accident is that the body is still in shock. And when your body is still in shock, it will have a difficult time processing pain. This explains why it is always advisable to seek medical attention as soon as you can after an injury, even if you feel okay.

    Still, on matters concerning your health, a whiplash injury could be a sign of a bigger problem you may not be aware of. So instead of using an ice pack to ease the pain, you need an experienced doctor to ascertain that there's nothing more to worry about other than whiplash.

    As discussed earlier, whiplash occurs when there's a direct impact involving your body and another hard object. During the impact, you may suffer internal injuries that you may not be aware of — at least for the first few days or weeks. Instead, you'll probably feel relaxed, knowing whiplash is the only injury you're concerned about.

    A couple of painkillers might be good enough to temporarily contain the pain caused by whiplash, but they will not help treat the internal injuries you may have sustained. The worst thing about internal injuries is that they don't always show their symptoms immediately because they occur internally. So if whiplash is the only injury you're concerned about after an accident in the workplace, you may be in for a surprise.

    It is also worth noting that internal injuries can cause internal bleeding. Now that's a reason to be concerned. When you suffer internal bleeding, the blood starts clotting, preventing the flow of oxygen into the brain. And when that happens, your brain begins to shut down slowly, eventually leading to a comma. If left unattended for a prolonged period, such injuries can lead to death.

    The Legal Aspect

    Now let's look at the other side of the coin — the legal aspect. Seeking medical attention after a workplace accident resulting in whiplash or any other injury is one of the best ways to confirm your injuries. Many workers don't realize that even if they fall from 20 stories and land next to their employer, their injuries may not count if they don't seek medical attention and get treated for these injuries.

    Your employer or colleague witnessing the accident is just not good enough to guarantee that your worker's compensation claim will be processed. In fact, you'll be shocked to discover that your own employer will deny witnessing the accident if you fail to seek medical attention.

    So many workers have lost valid claims due to legal technicalities. The last thing you want, as an injury victim, is to pay for your medical expenses out of pocket because your actions after the injury jeopardized your claim.

    When you seek medical attention after the injury, your doctor will write a report documenting the kind of injuries you suffered. This medical report will provide better proof of your injuries than your colleague's testimony.

  • How Long Do Whiplash Symptoms Last?

    There's no standard duration for whiplash symptoms. It all depends on the nature of your injuries and your steps after the injury. You stand a higher chance of recovering faster if you seek immediate medical attention after the injury.

    On the other hand, ignoring this injury could prolong the symptoms. In most cases, if left untreated for an extended period, whiplash leads to muscle stiffness and limited range of motion.

    If you've suffered whiplash caused by an accident in the workplace, make sure you follow your doctor's instructions. With proper care, you should be back on your feet after a short period.

  • What Workers' Compensation Benefits Can I Recover After a Successful Whiplash Claim?

    In most cases, whiplash is usually just one of the symptoms of a bigger problem. Suppose you file a successful workers' compensation claim. In that case, you may be entitled to the following benefits:

    • Compensation for your medical costs
    • Compensation for rehabilitation costs
    • Weekly wage benefits if you are unable to work for at least seven days after the injury
  • Do I Need an Attorney to File a Workers Compensation Claim for Whiplash?

    The truth of the matter is that you can file a worker's compensation claim without legal assistance. But anyone who's ever gone through this process will tell you that working with an experienced worker's compensation attorney is always a great idea.

    If it's your first time getting injured in the workplace and filing a claim with your employer, you may not know where to start. The process of filing a claim involves a lot of paperwork, not forgetting a crucial deadline. Remember, your employer's insurance company will be responsible for compensating you for the injuries.

    For this reason, you shouldn't expect them to be too happy about processing your claim. This is because insurance companies make money by limiting the insurance payouts they process for injury victims. Therefore, it won't matter even if your injuries are valid; the insurance company will try to devise ways to minimize your claim.

    It's even worse if you've suffered significant injuries due to the accident, and whiplash is just a portion of it. For example, let's say you've fallen down a flight of stairs after slipping and falling on a slippery floor in the workplace, and there were no signs warning you about the slippery floor. You may have a valid workers' compensation claim in that case.

    But other than whiplash, you may also need several surgeries after such a terrible accident. You shouldn't expect the insurance company to process your check with no questions asked. Instead, they'll want to blame you for the accident, either partially or wholly.

    If they can prove that you're fully responsible for the accident, chances are you may not be able to recover anything from them. But if you're partially responsible, you will likely recover only a portion of what you were initially entitled to as compensation for your injuries.

    The insurance provider isn't the only party you should be worried about when filing a worker's compensation claim for whiplash and other injuries. Your own employer could turn against you for filing such a claim. In fact, filing a worker's compensation claim is one of the protected activities by labor laws across the country. This tells you one thing; it is protected for a reason.

    When you file a whiplash claim or any other kind of claim following a workplace accident, your employer's insurance premiums might go up. This is because workers' compensation insurance works just like standard insurance; the more claims you file, the higher premiums your employer will need to pay.
     
    The bottom line is that a workers' compensation attorney will not only help you navigate complex legal processes when filing a claim but also stand up against parties that do not have your best interests at heart.

  • Where Can I Find Competent Worker's Compensation Attorneys?

    Workers' compensation claims usually fall under labor and employment laws. For this reason, you need an attorney with experience in this specific practice area. If that's what you're looking for, Morgan and Morgan workers' compensation attorneys are here to help.

    There's no doubt that many other workers' compensation attorneys or law firms specialize in labor and employment disputes all over the country. So what makes Morgan and Morgan special?

    The answer is simple; we have a proven track record handling these kinds of cases. In fact, Morgan and Morgan field the most employment litigation cases anywhere in the United States.

    We know the tactics insurance companies, and sometimes rogue employers, use to deny workers the compensation they need and deserve following a workplace injury. Besides, we boast some of the most powerful legal resources when it comes to personal injury litigation.

    If you or your loved one has suffered whiplash injuries in the workplace, our attorneys might be able to maximize your claim. Fill out our free case evaluation form today to get started. 

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