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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.
Related Articles:
- Can I Get a Settlement from Worker’s Comp if I Go Back to Work?
- When Will Workers’ Compensation Offer a Settlement?
- What Is Workers Compensation?
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FAQs
1. Are There Any Factors That Might Decrease a Workers’ Comp Settlement Even After Surgery?
Yes, factors like partial recovery, pre-existing conditions, or evidence disputing the surgery's necessity can decrease a workers' comp settlement, despite undergoing surgery.
2. How Do Insurance Companies Evaluate the Need for Surgery in Workers’ Comp Cases?
Insurance companies assess medical records, expert opinions, and the injury's severity to determine if surgery is necessary and if it directly relates to the work-related injury.
3. Can Multiple Surgeries Lead to a Higher Workers’ Comp Settlement?
Yes, multiple surgeries often indicate severe injury, potentially increasing the settlement amount due to prolonged recovery time, higher medical costs, and greater impact on future earnings.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
- https://injuryfacts.nsc.org/work/costs/workers-compensation-costs/