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Can Surgery Affect My Workers' Compensation Settlement?


Workers Compensation Attorneys

Undergoing surgery may either increase or decrease your workers' comp settlement, depending on the surgery type and when it takes place. It is crucial to focus on making the best decision for your health, rather than solely on the potential for a larger payout. Gambling on a significant medical choice is not recommended.

Surgery - DoctorHiring an attorney from Bellotti Law Group, P.C. can significantly enhance your chances of securing a fair settlement in your workers' compensation case. Our experienced and dedicated legal professionals are committed to providing top-notch representation and guidance throughout the process. Call us today for a free consultation.

Factors of a Surgery that Affects Your Workers' Compensation Settlement

Massachusetts workers' compensation settlements can differ based on the surgery, its timing, and the outcome. Consider the following three factors:

Timing of Surgery

Settlement offers for workers' comp are often lower prior to a diagnosis or recommendation for additional treatment, including surgery. A medical professional's suggestion for surgery will generally raise the initial settlement amount. However, if your injury improves following a successful surgery before the settlement negotiations are complete, the overall settlement value might decrease. Although workers' compensation should cover the expense of your surgery, a successful procedure could mean that you need less medical attention or can return to work without further wage loss, reducing the required compensation.

Surgical Outcomes

In contrast, if a surgery is not successful and results in a worsened injury or further complications before the end of settlement negotiations, the settlement might increase. However, this would be detrimental to your long-term well-being.

Type of Surgery

The nature and severity of the surgery, as well as its perceived impact on your work capabilities, can affect the settlement amount. For example, a carpal tunnel surgery may lead to a lower settlement value compared to an L5-S1 lower back injury.

It is vital to thoroughly discuss the advantages and disadvantages of surgery with your medical doctor and prioritize your overall health. Depending on surgery to boost benefits is not a wise strategy. Concentrate on collaborating closely with your doctor, adhering to their advice, and establishing a solid support for your case.

Consider hiring a workers' compensation lawyer from Bellotti Law Group, P.C. to help navigate the complexities of your case, ensuring that you receive fair compensation and proper representation throughout the process. Call us for a free case evaluation.

Surgery Affects Different Types of Settlements in Various Ways

Workers' compensation claims usually reaches a settlement through one of two methods:

  1. Stipulation and award: The workers' compensation insurance company commits to paying for all future medical treatments associated with your workplace injury.
  2. Compromise and release: The insurer offers a lump sum payment that encompasses the projected cost of future treatments and benefits. You can opt for a single payment or a structured settlement plan that disburses funds over an extended period.

If your surgery happens before finalizing your settlement, your payout will rise regardless of the settlement option chosen. Moreover, if your surgery is scheduled after agreeing to a stipulation and award settlement, the insurer will still cover your medical expenses.

However, if your surgery is planned post-compromise and release settlement, it's essential to ensure that the future costs are accounted for in your payout, including:

  1. Expenses for future medical care, such as surgeries
  2. Estimated costs for post-surgery complications
  3. The indirect expenses previously outlined
  4. Future disability benefits

If your condition deteriorates after accepting a compromise and release settlement, you will not be eligible to claim additional compensation for surgery. Therefore, it's crucial to take appropriate measures to confirm that your settlement amount aligns with your injuries and medical requirements. Hiring an experienced workers' compensation lawyer from Bellotti Law Group, P.C. can help ensure your interests are protected throughout the process.

Average Settlement for Workers’ Compensation Cases Involving Surgery

Determining the value of an average workers' compensation settlement is challenging, as there is no standard workplace injury or workers' compensation case. Numerous factors come into play, and a wide range of injuries and illnesses can lead to these claims. Typically, workers receive between $2,000 and $40,000 for their claims, with the average workers' compensation settlement amounting to approximately $20,000.

Similarly, establishing an average workers' comp settlement for surgery is also challenging, as the settlement amount depends on the injury's severity, and whether or not these injuries require surgical intervention.

For instance:

  1. A workplace wrist fracture might necessitate surgery for inserting pins or plates during the healing process. New Choice Health reports the national average cost for this procedure to be around $11,800.
  2. A work-related back injury requiring spinal fusion surgery could involve a more complex and expensive procedure, with a national average cost of $110,000.

Given the wide-ranging costs of surgical procedures, it is crucial to comprehend all potential surgeries you might require in the future. Ensure that your workers' comp payout offers sufficient compensation to cover these expenses before agreeing to a settlement.

Financial Implications of a Surgery on Your Workers’ Comp. Claim

Injuries necessitating surgery can also lead to additional financial implications, including:

  1. Lost wages: Post-surgery recovery often requires time away from work, as recommended by your doctor. You may gradually reintegrate into your routine with light-duty or part-time work initially.
  2. Disability: Injuries can result in partial disability, temporary and total disability, or permanent and total disability. The greater the injury's severity, the higher the potential workers' compensation amount.
  3. Scarring: Both the injury and subsequent surgeries can leave permanent marks or scar tissue, causing pain, affecting your appearance, or limiting your range of motion. Benefits are available for permanent loss of function, scarring, disfigurement due to a workplace injury.

Ultimately, the impact of surgery on your workers' compensation settlement is a matter to be determined through discussions among you, your attorney, your employer, and your employer's insurance company.

Contact an Attorney

Contact an Attorney It is highly advisable to hire a Boston workers' compensation lawyer from Bellotti Law Group, P.C. to represent your interests and ensure you receive the compensation you deserve. Navigating the complex legal process can be overwhelming, particularly when you are dealing with the physical and emotional repercussions of a workplace injury.

With the expertise and experience of a skilled attorney from Bellotti Law Group, P.C., you can focus on your recovery while they handle the legal aspects of your case. Their team of dedicated professionals will work tirelessly to protect your rights, negotiate on your behalf, guide you through the process, and maximize your chances of securing the best possible outcome for your workers' compensation claim. Call us today for a free consultation.


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