Suppose you have sustained a work-related injury that is critical enough to warrant surgery. In that case, you should know that surgery can increase a worker’s compensation settlement, but this depends on several factors, such as the severity of the surgery.
If you have been involved in an accident or know someone involved in a work accident requiring surgery, then you need to read on.
What is Worker’s Compensation?
Worker’s compensation is an Insurance Coverage policy that compensates employees who have sustained injuries or sicknesses due to a work-related incident or exposure. Worker’s compensation has a “no-fault system.”
This means that employees have a right to compensation even if the injuries sustained were caused by negligence. However, exclusive cases such as self-created injuries, injuries that occurred when the employee violated company policies or if the employee was intoxicated or consumed illicit substances could cancel the no-fault rule.
How is Worker’s Settlement Compensation calculated?
Workers comp settlements are generally calculated based on factors such as lost wages and medical expenses (current and recurring expenses). It is essential to discuss your circumstances with an attorney before accepting a settlement.
Lost wages are calculated based on your average weekly earnings (your weekly payments before your injury) and how long you will need to be absent from the workplace.
Medical expenses include all the costs necessary for you to get well.
This covers emergency treatment, medications, and rehabilitative therapy if required. It is important to note that medical benefits are paid directly to the medical care provider. Workers’ compensation laws require the doctors in charge of treatment to be accredited by the insurance provider.
How Will Surgery Affect My Worker’s Comp Settlement?
Typically, significant surgeries will increase your worker’s comp settlement more than minor surgery due to factors such as the recovery period and the severity of the procedure.
Surgery can sometimes cause you to be absent from work for a prolonged period, entitling you to temporary disability benefits.
Surgery could lead to permanent impairment in some instances, permitting you permanent disability benefits. When your employer’s insurance company evaluates your case, it calculates what your treatment may cost.
Surgery can significantly affect your settlement depending on the type of surgery, complications that might occur, and future therapies (if required).
Why Do I Need A Lawyer For My Worker’s Compensation Settlement?
The first rule to receiving maximum compensation for a work-related injury or ailment is understanding the laws regarding compensation in your state. If you’re still getting familiar with the state laws and are underrepresented, you will probably be offered way less than what your case is worth.
Insurance companies are famous for reducing payouts to the lowest possible. They conduct worker’s compensation investigations to prove an employee isn’t injured or sustained injury is not as severe as the victim claims.
It is vital to have an experienced worker’s compensation lawyer protecting your legal rights and advising you to ensure your settlement is fair and that your compensation is approved in time.
In conclusion, worker’s compensation cases can be tedious and complex, but a good lawyer can make the process easier while ensuring you receive a fair amount on your settlement. If you have any questions, contact us at Franks, Kelly, Matuszewich, and Andrle Attorneys at Law and we will ease you through the legal process and provide legal counsel for you.