415+ Google Reviews
If you have suffered a severe injury on the job that requires surgery to address the condition, then this will increase your workers’ compensation settlement value. Requiring surgery means you will have larger medical treatment expenses, a longer recovery period away from work, and a greater possibility that you will be dealing with a permanent impairment after your recovery.
If you are facing the possibility of surgery after a workplace accident, a Rutherfordton workers’ compensation lawyery can review your case and help you understand the benefits you may be entitled to receive and how the surgery will affect your compensation settlement.
Why Might Surgery Increase Workers’ Comp Settlements?
Surgery is expensive. Surgical procedures will require extensive tests and scans prior to the procedure, possibly more during and after. Such procedures obviously require a surgeon, but depending on the type of surgery, there could possibly be multiple surgeons involved, and of course, you’ll need an anesthesiologist. After the procedure is performed, there could be a lengthy hospital stay and considerable follow-up care (physical therapy, doctor’s appointments, etc.).
In some instances, severe to catastrophic injuries could involve multiple surgeries. If the surgery involves amputation, you may have to live with a prosthetic, which will also increase the value of your workers’ compensation claim.
Such extensive medical care increases your overall medical costs and, therefore, how much you will receive in workers’ compensation benefits.
Specific Areas That Affect Your Workers’ Comp Settlement After Surgery
In addition to the medical benefits, work-related injuries that are severe enough to require surgery may cost you more in other areas, including:
- Lost Wages: Your doctor will probably recommend spending a certain amount of time away from work to recuperate post-surgery. You may then have to ease back into a normal routine by starting with light-duty or part-time work.
- Disability Rating: A serious injury can leave you temporarily unable to do many things you used to do. You may suffer a permanent disability. The more severe the injury is, the more you can potentially collect in permanent disability benefits.
- Scarring: Both the injury itself and necessary surgeries can leave you with permanent marks or scar tissue. These marks can cause pain, affect your appearance, or restrict your range of motion.
Ultimately, your surgery will increase your workers’ comp claim settlement. How much, though, is a matter for you, your attorneys, your employer, and your employer’s insurance company to determine together.
What Goes Into Workers’ Comp Settlements?
Every case is unique, so every applicant will receive a different workers’ compensation settlement amount based on their qualifying factors. The amount you can receive in workers’ compensation depends on the following:
- Whether your employer is legally required to carry workers’ comp insurance
- How severe your injury is
- How much time you have to take off work
- How many different medical treatments you need to reach maximum medical improvement (MMI)
Workers’ compensation insurance covers most medical expenses for injured workers. Per the North Carolina Industrial Commission (NCIC) and the South Carolina Workers’ Compensation Commission (WCC), your employer or their insurer will select a doctor for you to visit. Assuming your claim is approved, the doctor will bill the insurer for your medical expenses, including surgical costs, as necessary.
Wrongful Death and Workers’ Comp
Workers’ compensation insurance also includes wrongful death benefits for the survivors of workers who succumbed to workplace injuries. If your loved one did not pass away immediately and lived long enough to receive surgery and other medical treatment, you may be able to collect both medical and death benefits.
Again, the settlement amount you receive depends on the specifics of your case. In wrongful death cases, your settlement may also depend on whether the deceased already received compensation for their injury before they died; if they did, your settlement amount will likely be lower.
Personal Injury Lawyer Near Me 828.286.3866
How Can I Get a Workers’ Comp Settlement?
If you were injured while working a job with workers’ compensation benefits, a workers’ compensation lawyer can help you file your claim. They can guide you through the following steps and even do most of the work themselves while you focus on your recovery:
- A free case review: Many firms are happy to tell you if you have a viable case at no cost or obligation.
- Evidence collection: Your lawyer can gather documents and statements from various sources to support the position that you need and deserve compensation.
- Claim submission: You have a limited time to report your injury to your employer and ensure they file a claim with their insurer. Your attorney can tell you about these deadlines and ensure you file everything on time.
- Mediation: If your employer or their insurer disagrees with any part of your claim, you may be given the option of sitting down with a mediator. Your lawyer can try to help you and the insurer come to a quick agreement.
- Meeting with the insurer: If mediation is unsuccessful, you can let your attorney meet with the insurer’s representatives to negotiate for a fair settlement.
- Contingency Fee Agreements: Most workers’ compensation lawyers offer their legal services on contingency. Such agreements allow you access to legal representation without any upfront fees. Instead, your lawyer will only receive payment if they secure a settlement for you.
There is also the possibility that your case could allow you to pursue a third-party personal injury lawsuit. Your lawyer can explain the circumstances that allow you to pursue such legal action. With a personal injury lawsuit, you could receive full medical coverage, all lost wages, and pain and suffering.
Get Advice on Your Workers’ Comp Case
Farmer & Morris Law, PLLC serves workers’ compensation clients in North and South Carolina. To find out how your surgery will increase your workers’ comp settlement, get in touch with us as soon as possible. We would be happy to tell you more about what goes into workers’ comp settlements and what you may qualify to receive.
