Back Injury Compensation

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you suffer a back injury, you will need to address how and when you will be compensated for the costs of medical treatment.  The costs associated with the treatment and rehabilitation of a back injury can be significant and ongoing, and you will likely need to identify the party or parties responsible for compensating you as soon as possible.  If you need assistance, contact an experienced attorney who can evaluate your case and help you get the compensation you deserve.

NOTE:  Your medical needs should take priority over pursuing compensation.  Your health insurance policy should cover immediate medical costs.  If you do not have adequate health insurance, speak with an attorney immediately.

Compensation for Back Injuries

If you suffer any type of back injury in an accident, the source of your compensation will depend on the type of accident and who was at fault:

  • If are injured in a car accident in a no-fault state, your own personal injury protection (PIP) coverage on your car insurance policy will pay your medical bills no matter who is at fault. 
  • If you live in a fault state and another person was at fault for the accident, his car insurance should pay. 
  • Your health insurance provider can provide immediate assistance after a car accident or any other type of injury.  If you are responsible for your injury, then your health insurance provider will be the only source of compensation available.
  • If you are injured at work, then you will be paid by worker’s compensation
  • If you are injured in a slip and fall at a business or on someone’s property, then a business or home insurance provider will pay
  • If you are injured by a machine, tool, or other product that is defective, the manufacturer and seller might be liable
  • If your injury was the result of a fight or physical attack by another person, they may be liable to you for their criminal actions
  • If the responsible party does not have adequate insurance money to cover your expenses, then you can pursue a lawsuit.  If successful, the at-fault part will be personally obligated to compensate you.

Identifying the parties responsible for your injury is critical to getting the compensation you need and deserve.  An attorney can review the circumstances of your accident and identify who is legally responsible to compensate your back injury.

Health Insurance and Subrogation 

Health insurance plans or policies almost always have a “subrogation” provision, which means your health insurance company is entitled to be paid back from the at-fault party’s insurance company.  When you are injured, your health insurance provider will pay the immediate costs for your required medical treatment.  If you receive compensation for your injuries, your insurance company will be paid back for the payments made before your claim against the at-fault party. 

Subrogation will not result in you having to pay your insurance company more money than you receive in compensation, or prevent you from getting the money you deserve from the at-fault party.  Your personal injury attorney will be able to explain how subrogation will affect your case, and take care of any issues with your insurance company.




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