Work-Related Injury Surgery: Discover Potential Compensation in a Workers’ Comp Settlement
Navigating the aftermath of a workplace injury can be a daunting experience, especially when surgery is on the table. The prospect of both physical pain and an extended recovery period, coupled with the potential for chronic pain and lasting disabilities, can be overwhelming. Adding to the complexity is the expense associated with medical procedures in today’s world of soaring healthcare costs. Healthcare inflation has averaged 5% a year over the last ten years and shows no signs of slowing down.
In the wake of a workplace injury, many individuals find themselves grappling with a common question: does surgery impact a workers’ comp settlement?
When Can You Seek Workers’ Comp for Surgery?
Before delving into the question of whether surgery increases a workers’ comp settlement, it’s crucial to understand when you can seek workers’ comp for surgery. Eligibility typically hinges on three fundamental requirements:
1. The injury must be work-related.
2. You must be an employee rather than an independent contractor.
3. Reporting the injury and filing the workers’ compensation claim must occur within the stipulated timeframe.
It’s important to note that each state has its own set of workers’ compensation laws, introducing variations in eligibility criteria and additional requirements.
What Exactly is a Workers’ Comp Settlement?
Contrary to popular belief, filing for workers’ compensation doesn’t automatically guarantee a settlement or benefits. In many cases, injured workers must actively pursue the benefits they rightfully deserve, even in clear-cut instances where surgery is deemed necessary.
Upon filing a claim and employer acknowledgment of liability, a typical scenario unfolds:
1. Medical bills are paid by the employer or its insurance company as they accrue.
2. Disability benefit checks are issued if the worker misses enough time from work.
However, this structure poses a challenge as the duration of benefits remains uncertain, and there’s a risk of premature termination. Seeking a settlement addresses this issue, providing a lump-sum payment covering both current and future costs related to the work-related injury.
Does Surgery Increase a Workers’ Comp Settlement?
Returning to the core question – does surgery increase a workers’ comp settlement? Conceptually, the answer is YES. The greater the costs incurred due to the injury, the higher the entitlement to workers’ comp benefits.
Given the substantial expenses associated with surgery, the value of the workers’ comp claim is likely to increase. This is particularly true for individuals who experience a loss of income during the recovery period. Hence, if a settlement through workers’ compensation is pursued, the medical expenses and lost wages necessitate seeking an increased settlement.
Getting the Most Workers’ Comp Benefits for Your Surgery
Now, the question becomes: how can you maximize workers’ comp benefits for your surgery? One option is to refrain from settling, allowing your employer or its insurance company to continue covering medical bills and providing disability benefits. However, this assumes seamless adherence to the agreement.
The alternative is to collaborate with a lawyer to negotiate a fair workers’ comp settlement that accounts for surgery-related expenses and income loss. An experienced lawyer will meticulously calculate your entitlements under state workers’ compensation laws, leveraging medical and employment records to secure a just settlement. If an offer is presented, your lawyer will guide you in deciding whether to accept. Lawyers with backgrounds in workers compensation handle cases like this every day.
In navigating the intricate terrain of workers’ comp settlements involving surgery, the complexity should not dissuade you from seeking a claim. On the contrary, it emphasizes the importance of safeguarding your legal rights, underscoring the need to enlist the expertise of a seasoned local lawyer to advocate for fair compensation on your behalf.
