Can Surgery Increase Worker's Comp Settlement?

Posted by Ria Baral on December 5th, 2022

Accidents may happen at the workplace. And employees can receive the beneficial worker's comp amount considering their injury. But what if an accident involves a surgical operation? Will the workers' compensation pay for the surgery?

Simply put, surgery is a costly procedure. It needs an expensive hospital stay and follow-up care, including doctor's appointments, physical therapy, and more. In addition, there are some instances when employees need multiple surgeries. The worst cases involve amputation.

Employees may need to depend on prosthetics for the rest of their life. So, wouldn't a workers' comp involve these payments? Here's the narration to give you a better insight into the settlement amounts for workers comp.

Worker's Comp Amount for a Surgery: Things to Learn

Worker's compensation is the dedicated insurance type that an employer carries for scenarios where employees suffer injuries in the workplace. The insurance program involves coverage that includes hospital stay expenses, medical bills, vocational rehab, medications, and physical therapy.

An employee may suffer from a workplace injury. As a result, they may not return to work for a few days. In these cases, the employee is eligible for worker's comp benefits. In addition, if a workplace accident leads to fetal death, dependents might get maximum benefits.

But is the worker's comp a fixed amount? The answer is no. If the injury results in surgery, it may increase the settlement amount. However, it depends on the case's specifics. So, if the injury requires surgery, the employee may qualify for more.

One quick note: The injured worker needs to prove that the injury has happened within their office premises. They won't obtain any medical benefit if it's not a job-related injury. 

Workplace Injuries That May Result in an Accident: A Few Surgeries That May Increase the Settlement Amount

Serious injuries that result from workplace accidents may disrupt an individual's life. They may need surgery & substantial periods of healing and rehabilitation. Victims of work injuries may not receive the compensation benefits for surgeries. That's where a lawyer comes into being. One can schedule an appointment with a worker's comp solicitor in case of surgeries:

• Spinal cord surgeries (cervical disk surgery or spinal fusion)
• Spinal or Laminectomy decompression surgery
• Back and neck surgeries
• Herniated disk surgeries
• Knee surgery
• TBI Surgery 
• Surgery for repairing nerve damage (due to laceration)
• Rotator or shoulder cuff surgery
• Carpal tunnel surgery
• Hand, elbow, or wrist surgery
• Burn injury surgery
• Joint replacements
• Leg or ankle fracture repairs
• Crush injury surgery resulting from finger or hand crush injuries

Understanding the First Workers' Compensation Offer: What Is it?

Once the employee files for the claim, the employer may make you think that the first offer is the best. However, an employee is not obligated to accept the workers' comp first settlement offer. Of course, it is entirely the worker's decision on how they want to proceed. 

They may accept their first offer. But it is better to reconsider the decision because there's always a chance for a higher settlement. Here are a few cases when the worker's comp settlement amount for surgery can increase.

#1 Disability

A severe injury may lead to permanent or temporary disability in performing daily tasks. If the injury's severity is high, there's always a chance to get a higher worker's comp amount. 

#2 Lost Earnings

The worker's medical practitioner recommends spending a certain amount of time away from work. It is to recuperate after the surgery. The claimant may need to return to the routine by starting with part-time or light-duty work. 

#3 Restricts Movements or Scars Cause Immense Pain

These conditions may contribute to permanent scar tissues or marks, whether surgery or a severe injury. In addition, these scars may cause immense pain. Besides, they affect physical appearance or restrict physical movements.

How to Increase the First Workers' Compensation Offer?

The employer may offer a payment plan or a lump sum right after the applicant files the claim. That might sound like a tempting affair. However, that's true when the injury is severe and medical bills are expensive.

But as a beneficiary, it is imperative to seek fair compensation. Here are a few factors that influence the settlement amount.

• The Injuries' Severity

The injury may be less serious or short-lived. In that case, one would not get the same amount as you get in case of surgery. Nonetheless, workplace injuries might contribute to permanent or temporary disabilities that may impact one's life. 

In that case, seeking a higher settlement amount is a safer move. Do not forget to receive the worker's comp for disabilities and compare the treatment needs with your attorney.

• The Prognosis

The claimant needs to consider how the injuries impact their life in the future. It is better to choose the first offer when intending to heal completely and return to regular life. But in some conditions, the treatment timeline is uncertain. It may affect the future work life. 

In such cases, the beneficiary needs to consider seeking complete monetary requirements. Severe injuries may need dependency on amputations. Accepting the first offer might not be wise in such conditions.

Consulting a legal practitioner is a great decision. These professionals assist the disabled or injured worker in acquiring higher settlement amounts.

How Surgery Increases the Amount of Worker's Comp Settlement?

Undergoing surgery because of a workplace injury may affect the medical benefits & loss of wages compensation. The medical benefits may include medications, rehabilitative treatment, and surgery costs. 

The invasive surgeries need a lengthy recovery period. That may extend the absence from work. As a result, it might increase the benefits of lost wages. But again, it depends on the surgery type. Amputation may increase the settlement amount drastically.

Get Worker's Comp Settlement by Consulting a Legal Associate

An injured or disabled worker needs the maximum worker's comp benefit. And only a worker's comp solicitor helps file the claim. These professionals focus on the healing process while aiming to meet these requirements for maximum benefits.

• They Review the Case

A lawyer understands the importance of reviewing the case. By reviewing their case, they understand whether it is viable or not. 

• Collect the Evidence

The solicitor gathers all the evident documents & settlements from different sources to support the case. By doing so, they work to gain the maximum compensation for their clients. 

• Meets the Insurer

What if the medication is not successful? In that case, the attorney will meet the insurer's representatives to negotiate a fair settlement amount.

• Submits the Claims

There's a limited time to report the injury to the employer. So, a worker who has met with an accident in the workplace must file a claim. With the legal assistance of a lawyer, the claimant may file the claims on time.

• Medication

What if the insurer or employer disagrees with any claim? In such cases, the sufferer (here, it's the worker) gets the option to sit down with the mediator. The attorney may offer quick agreements and other legal solutions.

Schedule a free case evaluation with a solicitor at Kesh Law and achieve maximum workers comp settlement amounts for your surgery.