How Much Is a Workers' Comp Foot Injury Settlement?
January 31, 2024 · 3 min read
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The Bureau of Labor Statistics (BLS) reported that just over 50,100 Americans suffered work-related foot injuries in 2020. One-third of those who did were out of work for a month or more while they recovered.1 Injuries to one or both feet are one of the many injuries that can qualify you for workers’ compensation benefits, which include weekly payments, repayment of wages you’ve already lost, and medical treatment. You may also be able to negotiate a substantial settlement depending on how serious your injury is and how long you’ll be out of work.
How much is the average workers' comp foot injury settlement?
The average workers’ comp foot injury settlement is $28,051, according to 2023 data from the National Safety Council (NSC). Of that, $14,948 is for medical care and the remaining $13,103 is an indemnity payment from the insurance company.2
This average settlement may help you understand what you could get, but foot injury settlements do vary greatly. Your personal payout depends on the type of foot injury you have, how severe it is, whether other party parts are also affected, and how long you’ll need to be out of work. Anything else that complicates your recovery, like a preexisting condition, could lead to a higher payment.
For example, ankle injuries tend to settle for more than $30,000 on average, so an injury affecting your feet and ankles could net you more. The NSC also reports that serious injuries requiring amputation lead to six-figure settlements on average.
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Do all foot injuries qualify for workers’ comp?
Foot injuries can qualify for workers’ comp as long as they result from doing your job and leave you unable to work. It doesn’t matter whose fault the injury was. Conditions that result from one-time accidents or repetitive-strain over time (like years of standing on your feet for work) can qualify.
You do need to report your injury to your employer quickly after the injury. Most states give you at least three days. Missing the reporting deadline makes it difficult or impossible to get workers’ comp.
Independent contractors, freelance workers and, and gig workers won’t qualify for workers’ comp in most cases no matter what their work injury or illness is.
Examples of workers’ comp foot injuries
You can get workers’ comp for any injury that causes weakness, pain, stiffness, loss of motion, or decreased range of motion for your foot. You can also qualify if your injury affects other body parts, like your toes, ankles, or legs.
The list below isn’t complete but it does have some of the most common qualifying injuries:
When does workers’ comp offer a settlement for a foot injury?
The workers’ comp insurance company won’t always offer a settlement. It’s more likely if you reach MMI (maximum medical improvement) and haven’t recovered to your pre-injury level or will require more treatment. Settling at that point allows the insurance to avoid potential long-term payments and medical bills.
If you receive a settlement offer for your foot injury, you have a few options:
Accept the settlement.
Reject the settlement and continue receiving benefits.
Negotiate for a higher settlement.
The best way to respond depends on your personal situation. You’ll want to come away with a settlement that covers current and future medical expenses, lost income while you’re injured, and any other costs while you can’t work. Making accurate estimates while dealing with the insurance company is complex and we recommend that you discuss your settlement with a workers’ comp lawyer. A local lawyer will help you understand what a fair settlement amount is for your claim and they’ll negotiate with the insurance company on your behalf.
How much does workers’ comp pay if I don’t settle?
If you don’t settle, you can expect workers’ comp payments worth up to two-thirds (66.67%) of your average weekly wage in most states. Some states do pay a slightly higher or lower amount (check your state’s workers’ comp rates) and you can expect a check either weekly or every other week.
You’ll receive those payments until you return to work, reach MMI, or agree to a settlement. For situations where you reach MMI but haven’t recovered to your pre-injury condition, you may move to long-term payments. Called permanent disability benefits, these payments can last years. How long yours last will depend largely on the impairment rating (from zero to 100) that your workers’ comp doctor assigns after you reach MMI.
Workers’ comp will also pay for any medical treatment related to your injury, but it’s common for the insurer to pay your doctors and medical providers directly.
Do I need a workers’ comp lawyer?
You don’t need a workers’ comp lawyer, but having one can take the burden of negotiations off your shoulders. Your lawyer will determine an appropriate settlement for your specific foot injury, the industry you work in, and the area where you live.
Reputable workers’ compensation lawyers also don’t charge anything upfront. You’ll get a free consultation and won’t owe any payment until after you get your settlement. Atticus is a workers’ comp law firm with local lawyers in multiple states. Take our 3-minute workers’ comp quiz to connect with an experienced lawyer in your area.
Call us to get help with your workers' comp claim today.
Common questions about workers’ comp foot injuries
Who qualifies for workers’ comp?
Most full-time and part-time workers can qualify for workers’ comp, but independent contractors, consultants, and freelancers don’t usually qualify.
The average workers’ comp settlement for a foot injury is about $28,000 nationally, but you could get much more or less depending on your situation. If you want to maximize your settlement, contact an Atticus workers’ comp attorney. Settlements with our attorneys are twice as high as claims without an attorney, on average.
Should I accept a workers’ comp settlement?
It depends on your personal situation. Negotiating is best in many cases, but we recommend getting a lawyer’s opinion before you make any decision. They can help you negotiate enough to cover your current and future medical expenses, lost wages, and other bills while you’re out of work.
Will foot surgery increase my workers’ comp settlement?
It depends. Foot surgery could increase your potential settlement if it doesn’t lead to a quick recovery or if you have complications. But it could decrease your potential settlement if it greatly improves your symptoms or recovery time. Get a more detailed answer in our guide to when surgery increases workers’ comp settlements.
Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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