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Does Surgery Increase Workers’ Comp Settlement

Does Surgery Increase Your Workers’ Comp Settlement?

Suffering a workplace injury can be scary. You may be worried about missing work, paying medical bills, and getting the compensation you deserve. If surgery is recommended, you probably have even more questions. Will going under the knife get you a higher settlement? Or will it cause more harm than good?

I totally get why you’d be stressed about all this. Dealing with workers’ comp paperwork and laws on top of healing from an injury is no fun. But don’t freak out just yet. In this article, we’ll break down how surgery can impact your workers’ compensation case in simple terms.

How Workers’ Comp Settlements Are Calculated

First, it helps to understand how workers’ comp settlements are calculated in the first place. Several key factors determine how much you receive:

• Medical costs – This covers expenses like hospital bills, physical therapy, medications, medical equipment, and any surgeries or procedures.
• Lost wages – If your injury prevents you from working for a period of time, you can recoup a portion of your lost income.
• Loss of future earning capacity – If your injury causes permanent damage that reduces your ability to work long-term, you can seek additional compensation.
• Pain and suffering – In some cases, you may receive extra damages for physical and emotional distress.

Adding up all those pieces gives a general idea of what your workers’ comp settlement could be. But how does surgery fit into the equation?

Surgery Usually Increases Medical Costs

It’s simple – surgery costs more than conservative treatment options. Just think about all the expenses tied to a major procedure:

• Surgeon and hospital fees
• Anesthesia
• Lab tests
• Medications
• Medical equipment rentals
• Home health aides
• Time off work for pre-op and recovery

According to a JAMA study, the average cost of an orthopedic surgery ranges from $15,000 to $25,000. A complex spinal fusion could top $100,000. And that’s not counting any post-op physical therapy or complications.

With bills that high, it’s no wonder workers’ comp settlements tend to be higher for claimants who have surgery. Those extra medical costs quickly add up.

Surgery Could Lead to a Larger Settlement Overall

Beyond boosting medical damages, surgery can potentially increase other parts of your workers’ comp settlement as well.

For example, if undergoing a serious procedure keeps you off work longer, you may recoup more in lost wages. Surgeries that leave you partially disabled could also qualify you for a larger award for loss of future earning capacity.

The right operation can even reduce your pain levels, letting you claim increased compensation for physical suffering.

But keep in mind – bigger doesn’t always mean better.

The Downsides of Surgery for Your Claim

Here’s the catch. While surgery may lead to a higher settlement on paper, it can also seriously complicate your claim if things go wrong.

You Could End Up Worse Off Medically

Any procedure comes with risks like:

• Infection
• Bleeding
• Blood clots
• Adverse reactions to anesthesia
• Nerve damage
• Organ failure
• Paralysis or even death in extreme cases

Even a “successful” surgery often involves a difficult recovery period. You may need to take high doses of prescription painkillers until the incision site heals.

• And if the surgery doesn’t work as intended? You could be left much worse off than before.

It May Delay or Deny Your Claim

In a perfect world, your employer’s workers’ comp insurer would approve procedures your doctor recommends without question.

But in reality? The insurance company may push back on “unnecessary” surgeries to avoid paying higher damages. They may even deny your entire claim if you move forward without their consent.

This back-and-forth can drag out the claims process for months. And if the dispute ends up in court? Brace yourself for an even longer legal battle.

Your Case Could Get Complicated

Let’s say you have surgery and your condition deteriorates. Was it due to surgical error or an unrelated health issue? Good luck proving the cause.

Or what if you heal well initially but suffer setbacks later on? Did you injure yourself again or was the surgery botched? More delays and disputes.

Every complication muddies the waters on what damages stem from your original workplace injury. Sorting out that mess often requires extensive (and expensive) expert testimony.

Talk to a Workers’ Comp Lawyer Before Scheduling Surgery

As you can see, surgery is a gamble that could make or break your workers’ comp claim. So before signing up for a serious operation, talk to one of our experienced workers’ comp attorneys.

We’ll help analyze the pros and cons in your unique situation, including:

• Your current condition – How severe are your injuries? Have all conservative treatments been exhausted? At what point would surgery be warranted?
• Specific risks – Does your medical history or age make you more vulnerable to complications? What’s the failure rate for the proposed procedure?
• Predicted outcomes – What’s the likelihood surgery will restore your ability to work? Could less invasive options get similar results?
• Approval hurdles – Will the workers’ comp insurer fight the operation? How hard will it be to overcome a denial?
• Impact on settlement – Will potential rewards outweigh the risks and hassles if things go perfectly? How much could extra disputes reduce your total payout?

With professional guidance, you can make an informed decision before committing to surgery. Let’s connect to discuss your situation in more detail.

Key Takeaways

• Surgery often leads to higher medical damages, which increases workers’ comp settlements. But it also comes with serious health risks and legal complications.
• Talk to an experienced workers’ comp attorney before scheduling surgery. They can provide tailored advice based on your unique circumstances.
• With the right information and realistic expectations, you can make the choice that’s truly best for your long-term wellbeing and financial security.

Resources:

• Tips on Increasing Your Workers’ Comp Settlement
• Surgery for Work Injuries: What to Know
• How Much Can I Get for Pain and Suffering from Workers Comp?