Can Surgery Maximize Your Workers’ Comp Settlement?
When you’re injured at work, one of the biggest questions you might face is whether to undergo surgery. Aside from health considerations, many injured workers wonder: Will having surgery increase my workers’ compensation settlement? The answer isn’t black and white, but there’s strong evidence that it often can. Understanding how surgery affects your claim could be the key to securing the compensation you deserve.
To explore this in greater detail, visit does surgery increase workers’ comp settlement for expert insight into how outpatient procedures impact claim value.
Understanding the Role of Medical Treatment in Your Claim
Workers’ comp settlements are influenced heavily by the nature and extent of medical treatment. When your injury leads to more intensive care, like surgery, it typically implies a more serious injury. This seriousness affects the insurer’s assessment of your claim and, ultimately, the settlement they offer.
What Factors Are Considered in a Workers’ Comp Settlement?
Key elements that influence a workers’ comp settlement include:
- Type and severity of injury
- Type of medical treatments, including surgeries
- Medical expenses (past and future)
- Lost wages or diminished work capacity
- Whether permanent disability is involved
Surgery usually increases both medical costs and recovery time, leading to a larger settlement.
Why Surgery May Lead to a Higher Settlement
Let’s look at how and why surgery can increase your settlement amount:
1. Higher Medical Expenses
Surgery is expensive, even outpatient procedures. When your claim includes surgical costs, it adds weight to your case, and insurance companies must factor in these higher medical expenses when calculating your payout.
2. Increased Time Off Work
Surgical recovery typically requires weeks or even months away from work. If you’re unable to return to your job during this time, your wage loss benefits increase. This directly contributes to the final settlement.
3. Potential for Long-Term Impairment
Post-surgery, some injuries result in permanent limitations. If that’s the case, you may be entitled to additional compensation. Permanent partial disability ratings—often determined after surgery—play a huge role in calculating the average workers’ comp settlement. Find more details here: average workers comp settlement.
4. Credibility and Documentation
Undergoing surgery proves the injury was serious, not superficial. It also adds more documentation—surgeon notes, hospital bills, rehab plans—that strengthens your case in front of an insurance adjuster or judge.
Is Surgery Always Necessary?
Not all injuries require surgery, and not all surgeries will lead to higher settlements. Sometimes, conservative treatments like physical therapy or medication may be equally effective. However, if your doctor recommends surgery, refusing it could hurt your claim, as insurers may argue that you’re not doing your part to recover fully.
Settling at the Right Time
Timing is critical. Settling before your surgery—or before your recovery is complete—can be a big mistake. Most legal experts recommend waiting until you’ve reached Maximum Medical Improvement (MMI), meaning your condition is stable. This ensures your settlement reflects all medical costs and long-term effects.
Final Thoughts
Surgery can be a game-changer in a workers’ comp claim. It not only signals a severe injury but also raises the value of your case through increased medical costs, longer recovery, and the possibility of permanent impairment. That said, each case is different, and the decision to undergo surgery should be based on both medical advice and legal strategy.