A serious back injury at work can change your life in ways you never expected. What might start as pain and limited movement can turn into seemingly never-ending doctor appointments and physical therapy, as well as lost income that makes it tough to stay financially afloat.
Unfortunately, many workers with back injuries end up settling for less than they truly need, not realizing how much their future medical care and lost wages will add up. That’s why understanding the full impact of a back injury—both on your health and your ability to earn a living—is so important when filing for workers’ compensation in Georgia and throughout the U.S.
With the help of a skilled workers’ compensation attorney negotiating on their behalf, workers with permanent back injuries can and do get fair settlements that amount to millions of dollars.
In this article, we’ll break down the causes and long-term consequences of work-related back injuries and explain why it’s so crucial to accurately calculate your benefits so you can get the full compensation you need to provide for yourself and your family. We’ll also highlight some major back injury settlements that show just how high the stakes can be.
If you live in Georgia and want help negotiating with the insurance company to ensure you get maximum benefits after a back injury at work, reach out to the experienced Atlanta work injury lawyers at Gerber & Holder for a free consultation.
Common causes of back injuries at work that lead to permanent disabilities
Back injuries at work are especially common in physically demanding industries like construction, trucking, manufacturing, and healthcare, but even office workers and retail employees can suffer serious damage to their backs and spinal cords under the right conditions.
Below are some of the most common accidents that cause severe back injuries for workers:
- On-the-job vehicle accidents. Accidents with forklifts, delivery trucks, and heavy machinery pose a significant risk, especially in warehouses, loading docks, and construction zones. A head-on collision, sudden stop, or rollover can lead to whiplash, spinal fractures, herniated discs, or even paralysis.
- Falls from heights. Roofers, loggers, cell tower climbers, and utility workers are at constant risk of falling from ladders, scaffolding, or elevated platforms. A fall from even a few feet can cause severe spinal injuries, making it difficult or impossible to return to work in some instances.
- Repetitive stress injuries. Even without a single traumatic event, years of poor posture, constant lifting, or repetitive movement can wear down the spine, leading to chronic pain, nerve damage, and reduced mobility. Many poultry plant workers, airport workers, flooring installers, and assembly line employees develop these issues over time.
- Overexertion injuries. Workers who are required to lift heavy objects or frequently bend, twist, or pull—like janitors, daycare workers, coal miners, meat packers, and farmworkers—can cause acute back injuries or long-term spinal deterioration. A single improper lift or years of repetitive motion can both result in disabling conditions.
- Slip and fall accidents. Less obvious hazards like wet floors, icy sidewalks, uneven surfaces, or cluttered walkways can send workers crashing to the ground, damaging their spines in the process. These accidents are especially common among factory workers, warehouse workers at places like Amazon, and grocery store and retail workers at places like Costco, Home Depot, and Walmart.
Please note that a pre-existing condition—such as arthritis, prior back injuries, or degenerative disc disease—can make a work-related back injury even worse, but having one does not disqualify someone from workers’ compensation.
If your job aggravated an existing spinal condition or made it significantly harder to work, you’re still entitled to workers’ comp benefits, including medical benefits, wage replacement benefits, vocational rehabilitation, and disability benefits.
Discussing your case with a local Atlanta workers’ compensation attorney who is experienced in back injury claims is the best way to ensure you get all the benefits you’re entitled to.
How back and neck injuries affect your daily life
Back pain & discomfort at work
Back and neck pain are leading causes of missed workdays and disability. Particularly if you experience chronic pain, it can be difficult to go to work each day and do your job effectively. This is one aspect of the financial ramifications of a back or neck injury; sufferers either lose work time or might lose their jobs because they’re unable to perform required tasks.
Pain from back injuries is expensive
Insurance might cover some medical costs, but back injuries and ongoing treatment can also have significant out-of-pocket expenses. Even with good insurance, you might have co-pays for physical therapy, costs to meet a deductible, your portion of a surgery bill, and other unexpected medical bills to cover.
Negative impacts on decision-making
Some studies show chronic pain sufferers have difficulty adjusting to and responding adequately to change and making quick decisions.
Decreased motivation
Persistent, ongoing pain can make it tough to stay optimistic. It affects people’s positivity and ability to work on current and future goals.
Reduced productivity
Even if you can go to work and do your job, pain is distracting. You might lose focus more easily, sometimes a distraction can be dangerous and put you at risk for another or worse injury.
It also reduces your productivity at home. You might need assistance with basic life activities like household chores, cleaning, cooking, or childcare.
Back pain sufferers endure a lower overall quality of life
People experiencing chronic pain find it harder to maintain relationships, exercise, get quality sleep, and perform well in other areas of life, such as work.
Chronic pain can trigger depression
Chronic back pain sufferers have a depression rate four times higher than non-sufferers. Persistent pain can make patients feel powerless and hopeless about their condition and chance of relief. People with chronic pain miss out on social engagement and interaction, such as attending parties or taking classes, both of which affect quality of life.
Signs and symptoms of a back or neck injury
You might know immediately if you’ve experienced a back or neck injury because the most obvious symptom is pain. But there are other symptoms of a back or neck injury that could be less apparent.
Signs of a neck injury
- Pain while trying to move your neck
- Stiffness in the muscles and tendons
- Incontinence from loss of bowel or bladder control
- Tingling or numbness in the limbs or the fingers and toes
- Lacerations that are bleeding
- Paralysis, numbness or weakness in the body
- Dizziness or vertigo while standing or walking
- Severe headache
- Swelling of the tissues in the neck
- Visual disturbances
- Inability to talk, swallow or breathe normally
- Bruising from bleeding blood vessels in the underlying tissues
Signs of a back injury
- Muscle tightness or stiffness
- Loss of bowel and bladder functions
- Total or partial paralysis
- Pain along the spine to the buttocks
- Tendon and muscle weakness
- Vision abnormalities
- Tingling sensations in the fingers or toes
- Inability to stand upright
- Muscle spasms
- Swelling in the back tissues
- Bruising on the skin from damaged blood vessels
- Pain in some or part of the back’s regions
If you’ve suffered a back or neck injury, you might be eligible to receive compensation. If your injury happened at work, you could file a claim for workers’ compensation benefits. If the injury was outside of work, you might need to file a personal injury lawsuit.
30 million-dollar settlements and jury awards for back and neck injuries in 2022
We’ve listed below sample cases that either settled or won jury awards for back and neck injuries. Each of these involved compensation of $1 million or higher, and each was published in 2022.
These cases include vehicle accidents, workplace injuries, supermarket and movie theater injuries, and more.
| Total award | State | Case name | Summary | |
|---|---|---|---|---|
1 | $24,590,280 | Connecticut | Kayla Torres and Aaron Jainchill, Esq., as Administrator of the Estate of Yvette Martinez v. Matthew Vose, Town of Southington and Michael Luponio | Head-on crash injured mother, killed daughter |
$6,553,998.55 awarded to Torres and $18,036,281.64 awarded to Yvette’s estate. | ||||
2 | $23,888,520 | Florida | Jovanni Verduzco v. Whitfield Small, W. S. Trash Hauling, Inc., Gad Reggev, Cape Town LLC, Roy Real Estate LLC, David Tapia, Quad-M Construction & Development, LLC, and HMS Construction Corp. | Crush injuries suffered by laborer in front-loader mishap |
The jury assigned 30% of the fault to Tapia and 70% to Quad-M Construction & Development. Awards included $21,260,520 for future pain and suffering and $2,628,000 for past pain and suffering. | ||||
3 | $14,210,052 | Michigan | Caleb Mitchell Brown and Diana Brown v. Comstock Turf Inc., Joel Robert Comstock and Colleen Sue Comstock | Trash collector claimed he was struck by passing truck and trailer |
The jury found that the defendants were 100 percent liable for the accident. Brown received $409,553 for past lost earnings, $2,700,499 for future lost earnings, $3.8 million for future noneconomic damages for 38 years, $2.5 million for past noneconomic damages, $9,410,052 for Diana Brown’s award, $1 million for past loss of consortium and $3,800,000 for future loss of consortium. | ||||
4 | $10,413,000 | Texas | Christopher Thomas and Henry Fisher v. Shell Oil Company | Faulty valve at refinery led to severe burns |
The jury found negligence and comparative responsibility of 56 percent on Shell, 42 percent on the plaintiffs’ employer and 2 percent on Republic. The jury determined that the plaintiffs’ damages totaled $10,413,000, but the comparative-negligence reduction produced net damages of $208,260. The jury did not find gross negligence. Plaintiffs’ counsel said the verdict eliminated the substantial workers’ compensation liens in the case. | ||||
5 | $6,678,026 | California | Kerry Bosch v. Premiere Raspberries, LLC, DBA Dutra Farms, Rafael Gomez Quio and Does 1 through 25 | Company truck rear-ends plaintiff, causes injury to neck and back. |
Past medical damages of $313,904; future medical = $649,122; non-economic damages past = $940,000; non-economic damages future = $4,775,000. | ||||
6 | $6,000,000 | Hawaii | Pamela Vereekan & Nicholas v. Foodland Supermarket Ltd. | |
7 | $6,000,000 | Washington | Duy Nguyen v. Robert Lowe; Four Star Supply, Inc. | Pedestrian injured because of negligence of motor vehicle driver. |
$166,602.92 in medical specials, remainder in general damages. | ||||
8 | $5,565,960 | Michigan | Jad Dean v. S.A. Express Inc. and Demarcus Anton Ishmeal | Trucker suffered brain injury due to the crash. |
The jury determined that S.A. Express was negligent and Ishmeal was not; Express’ negligence was the proximate cause of Dean’s injuries. The jury also found that Dean was not negligent, and his injuries resulted in a serious impairment of body function. | ||||
9 | $5,475,000 | New York | David Trinidad v. 150-13 89th LLC and NY Developers & Managers Inc. | Laborer claimed numerous injuries after floor collapse. |
The insurance provider for 150-13 89th LLC and NY Developers & Managers Inc. tendered its $1 million primary policy. The insurer also paid $3,975,000 from an excess policy that provided $5 million of coverage. The insurer for Sam Maintenance Service paid an additional $500,000 from a policy that provided $1 million of coverage. | ||||
10 | $5,291,552 | Florida | Matthew Thomas v. Pie R Round LLC d/b/a Cici’s Pizza 509 | Slip and fall on a greasy area in the parking lot. |
Past medical expenses = $208,497.28; future medical expenses = $465,035; past pain and suffering = $147,360; future pain and suffering = $4,470,660. | ||||
11 | $4,500,000 | New York | Dauro Santos v. HFZ 90 Lexington Avenue Owner LLC, HFZ Capital Group, LLC and S&E Bridge & Scaffold, LLC | Malfunctioning hoist gate resulted in injuries to laborer. |
S&E Bridge & Scaffold’s insurers paid $4.25 million, which consisted of Chubb Insurance Co./ACE Private Risk Services paying $2,551,526.75 and Helmsman Management Services LLC paying $1,698,473.25, and the HFZ defendants’ insurer, New York Marine & General Insurance Co., paid $250,000. The parties negotiated a pretrial settlement. | ||||
12 | $3,000,000 | New York | Jessie Gabriel v. The City of New York, New York City Department of Health and Mental Hygiene, New York City Health and Hospitals Corporation, Krishen Khemraj, Christopher Hart and Alphair Gabriel / Christopher Hart v. The City of New York, New York City Department of Health and Mental Hygiene and Krishen Khemraj | City employee attempted an illegal left turn that injured the plaintiff. |
The self-insured city of New York agreed to pay Gabriel $3 million to settle the claims against Khemraj, the Department of Health and Mental Hygiene, the New York City Health and Hospitals Corp. and itself. | ||||
13 | $2,883,000 | Texas | Joshua Clark v. Great Lakes Dredge & Dock Co. | Employer responsible for injuries from alleged attack by coworkers. |
The jury found that Clark was injured in the course and scope of his employment because of Great Lakes’ negligence, unseaworthiness and comparative responsibility of 75% and 25% by Clark. | ||||
14 | $2,877,241 | New York | Luz Pelaez-Moronta v. Mavis Tire Supply, LLC. Christopher Littleton | Auto accident led to spinal surgery. |
Pelaez suffers permanent consequential limitation of use of a body organ or member and significant limitation of use of a body function or system. | ||||
15 | $2,802,360 | Texas | Dalton J. Meyers v. Target Corp. | Plaintiff suffered neck, back and head injuries from a falling box. |
The jury found that Target’s negligence was the cause of the injury. | ||||
16 | $2,750,000 | Alabama | Harris, et al. v. Holsenback | |
17 | $2,400,000 | New Jersey | Dyan Ambrogio and Darren Ambrogio v. New Jersey Manufacturers Insurance Company and Ediane Bonilla | Rear-end collision caused permanent spinal injury. |
The jury found that Ambrogio suffered permanent injuries as a result of the accident. It determined that her damages totaled $2 million, and that her husband was entitled to $400,000 for loss of consortium. | ||||
18 | $2,250,000 | New York | Kelly Rafferty v Anton Safir and Donna Safir | Intersection crash caused leg and hip fractures. |
The Safirs’ insurer agreed during pretrial settlement to tender its $250,000 primary policy and its $2 million excess policy. | ||||
19 | $2,168,000 | Texas | Omero Pecina v. Matthew R. Ryman and Wright Tree Services Inc. | High-speed rear-ending led to injuries. |
Past medical treatment = $115,000; future medical treatment = $2,000,000; past lost earnings = $25,000; past physical pain and mental anguish = $2,168,000. | ||||
20 | $2,150,000 | New York | Anthony Ayala v. Fleetwood Park Corp. and Benchmark LM Management Services, LLC | Tenant claimed injuries from ceiling collapse. |
21 | $2,000,000 | New Jersey | Lillian Buggelli and Robert Buggelli v. Robert Chew and Johnson Baran Corp. | Dump truck crash caused spinal/hip injuries. |
Determined through pretrial settlement. | ||||
22 | $1,810,000 | Robert Carmack and Christine Carmack v. American Multi-Cinema, Inc.; Patrick Arguello; and Does 1 to 50, inclusive; 2022 Jury Verdicts LEXIS 4129 | Slippery floor between mats caused fall in theater. | |
The jury determined that American Multi-Cinema was 75% liable for the incident and that Carmack was 25% liable. After shared liability, Mr. Carmack should recover $1,357,500. | ||||
23 | $1,700,000 | New York | Gregory Masterjoseph v. Jose Ramirez, Reliable Trans Services, Inc., and E-Z Trans Corp. | Tractor-trailer attempted to turn from the wrong lane. |
The defendants’ primary insurer provided $1 million in coverage. The defendants’ excess insurer paid an additional $700,000 from a policy that provided $1 million of coverage. | ||||
24 | $1,600,000 | New York | Nicole Stevens v. NYCTA, Victor Scherer and Dwayne Johnson | Bus collision caused injuries to the back and neck. |
The parties negotiated a $1.6 million pretrial settlement. | ||||
25 | $1,500,000 | New York | Santa Texidor v. New York City Housing Authority | |
The New York City Housing Authority provided $1 million of coverage and its excess carrier agreed to pay an additional $500,000, based on its excess policy that provided $5 million of coverage. | ||||
26 | $1,500,000 | Washington | Justin Powell Whitworth v. North Kitsap School District | School district bus caused rear-end collisions that led to neck and back injuries, post-concussive syndrome and chronic pain syndrome. |
27 | $1,347,920 | Ohio | Oscar Hernandez Lanza v. Edgell Jackson Trucking LLC and James Darrell Jackson; 2022 Jury Verdicts LEXIS 10585 | Rear-ended trucker claimed shoulder tears and herniations |
28 | $1,283,200 | New York | Bubacarr Sinera v. Bedford Webster LLC, Bedford-Webster Commercial LLC, Bedford-Webster Developers LLC, Bedford-Webster Managers LLC, 3170 Webster Avenue LLC, The Bedford Housing Development Fund Corporation, Azimuth Development Group, LLC, and Bedford-Webster Realty LLC | Overloading of floor caused its collapse and injured forklift driver |
29 | $1,275,000 | Texas | Monica Jones v. Qinglai Wang | Crash at intersection led to neck, back and leg injuries |
Future medical treatment = $750,000; past physical impairment = $150,000; future physical impairment = $150,000; future disfigurement = $25,000; past physical pain and suffering = $50,000; future physical pain and suffering = $150,000; past mental anguish = $75,000; future mental anguish = $25,000. | ||||
30 | $1,000,000 | New Jersey | Melba Fernandez and Francisco Fernandez v. Harry Jaroslaw | Broadside crash caused spinal injuries, back surgery. |
The parties negotiated a pretrial settlement. Jaroslaw’s primary insurer agreed to pay $497,093, the remaining amount of a policy that provided $500,000 of coverage. His excess insurer agreed to pay $502,907 from a policy that provided $5 million of coverage. | ||||
Need help negotiating a workers’ comp settlement after a back injury in Georgia?
If you’ve suffered a serious or catastrophic injury to your back while working in Georgia and are now facing a permanent disability, don’t risk going it alone. The workers’ comp system can be complicated, and insurance companies don’t always play fair when it comes to paying out full benefits. That’s where Gerber & Holder Workers’ Compensation Attorneys come in.
With more than 75 years of combined experience, our Atlanta workers’ compensation attorneys know how to fight for the compensation you need to support your health, your family, and your future. We will negotiate aggressively with the insurance company or take your case to court if that’s what’s required to get you the benefits you deserve.
Contact Gerber & Holder Workers’ Compensation Attorneys today for a free consultation so we can help make sure you get every dollar you deserve.
