If you’ve sustained a serious injury in the workplace, you’re dealing with two complicated situations at once: getting medical care to recover and applying for workers’ compensation.
As part of your care, it’s possible that a doctor might offer surgery as a treatment option. Such an important choice leaves a lot to consider. If you’re wondering how surgery would impact your workers' comp benefits, you’re not alone.
Surgery can increase, or decrease, your workers' comp settlement amount depending on the surgery type and surgery timing. Let’s dig into how surgery may impact your claim and how workers’ compensation benefits are calculated.
Undergoing surgery has very real physical and emotional impacts. Above all, we recommend making the right choice for your health — not for the possible increase in payout.
While surgery can in some cases increase your benefits, it’s not guaranteed, and you would never want to put yourself in a position of making a major medical choice on a gamble.
The reality is, workers’ comp payments differ depending on the surgery, the timing, and the result. Here are three key factors to consider:
All of this points toward carefully weighing the pros and cons of surgery with your medical doctor. You can’t count on surgery as a tactic to increase benefits. More than anything, take this time to get aligned with your doctor, follow their instructions, and build an ally for your case.
To understand your workers' comp settlement, it’s important to understand there are two phases of workers' comp when you can receive payments:
Your benefits will be calculated based on a variety of factors, such as injury type, severity, medical care, and your ability to return to work. The diagnosis you receive from your doctor often has the biggest impact on these payments.
Much of these calculations are negotiable. A lawyer can negotiate your “medical rating” (which comes from your doctors’ diagnosis) — which is directly correlated to your payment amount. They can also negotiate whether you’re receiving adequate care at any stage of the process.
Workers’ comp is complex and it varies wildly by state. How your doctor diagnoses you and how you frame your case make a major impact on benefits. Hiring a lawyer who understands the system ensures the best possible care and support for your future.
At Atticus, we’re here to help. We’ll start by hearing your story and offering free legal guidance — if you wish to connect with a lawyer, we’ll connect you with one from our trusted network.
No one should have to go through an injury alone — get free, personalized legal advice now.
Victoria Muñoz
Lead Attorney
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