Yes, generally surgical procedures will increase a workers’ comp settlement. Much like personal injury settlements, the payout for a workers’ compensation settlement will match the severity of the injury and the level of surgery required for treatment. For example, a minimally invasive surgery with a short recovery time will result in a smaller payout than a major surgery such as joint replacement or back surgery. However, other factors can help increase your workers’ comp settlement, which is why it is important to work with a reputable Workers’ Compensation Lawyer who can maximize your settlement.
Pros and Cons of Accepting a Workers’ Compensation Settlement Before Surgery
Timing is everything. Whether you have surgery before or after accepting a workers’ compensation settlement will depend on a number of factors. If you have access to other health insurance outside of workers’ comp to pay for your surgery, it can be more beneficial to settle your workers’ comp claim, and then have your surgery. But there are some things to consider before accepting a settlement.
Pros of accepting a settlement before surgery:
- If you have an accurate projected amount for surgery and recovery costs, you can negotiate for a higher settlement
- Settling before surgery allows you to use the surgeon you want, rather than waiting for approval for a workers’ compensation surgeon
- Workers’ compensation cannot deny your claim once you settle, nor will you need to pursue litigation to cover your medical costs
- Your surgery may be covered by your personal insurance or Medi-Cal, but you can still negotiate surgery costs within your workers compensation settlement
Cons of accepting a settlement before surgery:
- You are responsible for covering your medical costs, but the settlement money will help you with the expenses
- Your surgery might not go as well as intended. So, if you’ve already settled, you will not be able to receive more compensation for additional treatment
- If you suffer any additional complications, you can end up paying much more in medical bills than you received from your settlement
As you can see, these decisions should not be made lightly and it can be difficult to understand what is best for your circumstances. But working with a skilled Workers’ Compensation Attorney can alleviate the stress of your situation and give you peace of mind.
How Much Does Surgery Increase My Settlement?
Depending on the type of surgery you need for your injury, your settlement can amount to a few thousand dollars to hundreds of thousands of dollars. Unfortunately, there is no average settlement amount as the details of each injury differ drastically on a case-by-case basis. However, serious surgeries, such as spine or joint surgeries can be expensive and require long recovery times. So, when considering settlements for an injury requiring surgery, here is a general guideline you can keep in mind:
- Low Settlements: minor injuries such as cuts and bruises can result in a low settlement in the low thousands. Surgery is not likely with minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These usually involve medical treatment for significant injuries, some missed work, and longer recovery periods. Surgery may be required.
- High Settlements: high settlements typically involve severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars. These injuries typically require major surgeries with the potential for multiple operations in the future.
How Surgery Affects a Workers’ Compensation Settlement
The surgical procedure itself is not the only thing the workers’ compensation insurance will have to consider when offering you a settlement. The settlement agreement will have to cover the costs of the surgical procedure as well as the following medical expenses:
- Physical therapy
- Occupational therapy
- Anesthesia
- Medications such as pain killers
- Hospital stay
- Diagnostic exams and radiology
- Home modifications
- Assisted mobility device such as a wheelchair or crutches
Types of Worker’s Compensation Settlements
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a Worker’s Compensation Attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
Contact a Worker’s Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law on your behalf. Contact Maison Law today for a free consultation and case evaluation.
