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Does Surgery Increase Workers Comp Settlement?
5 Determinating Factors Explained

Whether surgery increases a workers’ compensation settlement depends on various factors, including medical necessity, the impact of the surgery on the disability, rehabilitation expenses, permanent impairment, and legal representation.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Factors that Determine Whether Surgery Increases a Workers' Compensation Settlement

  • Medical Necessity - The main factor that influences a workers' comp settlement is whether the surgery is medically necessary. If the procedure has been recommended by a qualified medical professional and is considered necessary for the treatment of the work-related injury, it may affect the settlement amount.
  • Impact on Disability - The extent of the disability caused by the injury, including the impact of surgery on the person's ability to work, may influence the settlement number.
  • Rehabilitation and Future Medical Expenses - Surgery may be calculated in the context of future medical costs and rehabilitation needs. The anticipated costs of ongoing medical treatment may then be factored into the settlement amount.
  • Permanent Impairment - If a botched surgery results in lifelong impairment, it could influence the settlement amount. Certain states have specific guidelines for determining compensation for permanent impairments.
  • Legal Representation - Having legal representation is very important in workers' comp cases. A knowledgeable and experienced workers' compensation attorney can help fight for your legal rights, present evidence, and negotiate an adequate settlement that takes into account the impact of surgery on your case.

Which Body Part Has the Highest Value in a Workers Compensation Claim?

According to the National Safety Council, assigning an exact value to body parts in a workers' comp claim is complex and varies by state, in addition to the circumstances of the injury. In workers' compensation, benefits are typically provided to compensate for medical costs, lost wages, and permanent impairment caused by the injury [1]. The value of body parts is not fixed, and the calculation can vary significantly based on individual circumstances, legal interpretations, and state-specific laws.

Are You Involved With a Workers' Comp Case?

If you're involved in a workers' compensation case and have questions about how surgery may impact your settlement, it's advisable to consult with an attorney who specializes in workers' compensation law in your specific jurisdiction. They can provide personalized advice based on the details of your case. It's important to note that workers' compensation laws vary by jurisdiction, and each case is unique.

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References:

  1. https://injuryfacts.nsc.org/work/costs/workers-compensation-costs/