Surgery could increase your workers’ comp settlement if it increases the time you cannot work. Additionally, the type of surgery you undergo could make a difference in your impairment rating, thereby increasing your settlement amount. If your surgery involves limb amputation, for example, you could qualify for permanent workers’ comp benefits, resulting in an increased settlement value.
If you are wondering whether surgery increases your workers’ comp settlement, an Atlanta workers’ compensation lawyer can define your financial recovery options. They can also help you file a complete application and negotiate for the best possible settlement on your behalf. Most personal injury law firms offer a free claim review that gives you the chance to learn about your potential compensation and understand your employer’s responsibilities.
How Surgery and Other Factors Can Affect Your Workers’ Comp Settlement in Atlanta
Any surgery that follows a work injury—even an outpatient surgical procedure—can increase the time it takes for you to return to work. This could lead to an increase in your financial benefits.
Surgeries an injured worker might undergo include:
- Carpal tunnel surgery
- Orthopedic surgery
- Digit or limb amputation
- Hip or knee replacement
- Spinal fusion surgery
This list is not exhaustive. If an Atlanta personal injury lawyer represents you, they can help you document the severity of your injury, the type of surgery you required, and its impact on your workers’ compensation benefits.
How Your Regular Pre-Injury Salary Affects Your Workers’ Comp Settlement
Workers’ comp’s financial benefits are typically two-thirds of your average weekly wages, and this figure plays an important role in your settlement amount. That makes correctly calculating your wages crucial to reaching a fair settlement agreement.
A workers’ compensation attorney can negotiate with the insurance company by fielding offers, making counteroffers, and working hard to maximize your workers’ compensation settlement.
For a free legal consultation, call (404) 888-8888
Workers’ Compensation FAQs
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Employees in any industry can suffer an injury severe enough to require surgical correction. Some commonly reported workplace injuries include:
- Deep cuts and lacerations from tools, equipment, and heavy machinery
- Repetitive motions that lead to carpal tunnel syndrome
- Severe burns that may require debridement and skin grafts
- Broken bones that necessitate screws and other forms of stabilization
- Spinal cord injuries that require spinal fusion or insertion of artificial disks
- Traumatic brain injuries (TBIs) that require surgery to control brain bleeds or reduce swelling
Track your injuries, their severity, and their impact on your life, lifestyle, and physical abilities. These documents could help substantiate your workers’ comp claim or third-party settlement request.
How the Severity of Your Work-Related Injury and Your Disability Rating Affect Your Settlement
Your treating physician will classify your injury and assign you an impairment rating based on Guides to the Evaluation of Permanent Impairment, an American Medical Association manual.
You may have to undergo an independent medical exam to receive a rating. A lawyer will help you fight for an accurate rating to ensure you get all the medical care and financial benefits you need and deserve.
Workers’ Comp’s Medical Benefits Will Cover the Cost of Required Surgery
Financial benefits for injured workers start after your injuries keep you from working for at least seven days. Its medical benefits, however, start immediately and cover surgery, rehab, physical therapy, medications, and assistive medical devices.
Workers’ comp should cover all the medical care your work injury requires until you recover or reach maximum medical improvement (MMI). If your injuries are permanent or catastrophic, you could be entitled to lifetime medical benefits.
How a Lawyer Can Help You Maximize Your Workers’ Compensation Settlement
Obtaining an accurate impairment rating following surgery for a work injury is only one way to maximize your workers’ comp settlement. An experienced workers’ comp lawyer familiar with claims like yours can:
- Encourage you to stick to your treatment plan so the insurance adjuster cannot contest the extent of your injuries or your need for surgery.
- Choose the right medical team for your specific injuries, including changing doctors if needed to ensure you get appropriate care and a fair impairment rating.
- Prepare for an Independent Medical Examination (IME), if necessary, to assess your injuries and ability to return to work.
- Obtain a written prognosis for the medical care you will require after your surgery, including anticipated recovery time.
- Manage claim-related paperwork, including compiling all the documentation of the application process, such as medical evidence and proof that your injury is work-related.
- Fight for the settlement you deserve by assessing monetary offers versus accepting the first offer you receive. This can include offers, counteroffers, and multiple rounds of negotiation.
- Evaluating your claim for possible third-party compensation. This option is typically available if your injury resulted from a contractor’s, subcontractor’s, vendor’s, or supplier’s negligence.
Knowing how much you can expect from a workers’ compensation claim is a complex undertaking. Your lawyer will help you fight for all the benefits you are entitled to receive.
Your Lawyer Can Help You Report Your Injury Within the Allotted Time
According to the Georgia State Board of Workers’ Compensation (SBWC), you have up to 30 days to report your workplace injury. If you do not report your injury to your boss, supervisor, or manager by that time, the insurance company could deny your application for medical and financial benefits.
If a personal injury attorney represents you, they will clarify notification and filing deadlines and help you adhere to them.
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Learn How Surgery May Affect Your Atlanta Workers’ Comp Settlement
If you were hurt on the job, you are entitled to financial compensation for the time you cannot work. Surgery may increase your workers’ comp settlement in Atlanta, depending on the reason for your surgery and your anticipated recovery time.
At Bader Scott Injury Lawyers, one of our consultation team members will evaluate your claim at no cost or obligation. Call today for your free claim review and learn more about your lump sum settlement options.
Call or text (404) 888-8888 or complete a Free Case Evaluation form