If you are a Pennsylvania worker injured on the job, you might wonder, “Does surgery increase workers' comp settlement?” Many injured employees consider surgery as part of their recovery but worry about how it affects their claim. Surgery can lead to significant time away from work, leading some workers to question if they’ll even get enough compensation for their claim to cover all that time.
If you’re worried about how surgery affects your claim, Freeburn Law can help. Our experienced team of workers’ compensation attorneys can evaluate your claim and ensure that you’re receiving a fair amount of compensation that accounts for your surgery costs.
Understanding Workers’ Compensation in Pennsylvania
Workers' compensation is designed to provide medical care and financial support to workers injured at work. Pennsylvania law requires employers to carry insurance that covers medical expenses and lost wages due to workplace injuries.
When you file a workers’ comp claim, you can receive benefits such as medical treatment, temporary disability payments, and in some cases, a lump-sum settlement. Surgery is often part of the medical treatment, but not all surgeries affect settlements the same way.
Why Surgery Can Impact Settlement Value
Surgery is a serious medical procedure that often indicates a more severe injury. Insurance companies and legal experts view surgical treatment as a sign that your injury requires extensive care and may have long-term effects. Because of this, undergoing surgery can increase the overall value of your workers' compensation settlement in some cases.
The reasons surgery may increase your settlement include:
- Higher medical costs: Surgery is expensive and can add significant medical bills to your claim.
- Longer recovery times: Surgery often means a longer period off work, increasing lost wage claims.
- Permanent impairment: Some surgeries result in permanent damage or disability, which can raise settlement amounts.
It is important to remember that surgery does not automatically guarantee a larger settlement, but it can be a strong factor in negotiating a fair amount.
When Surgery May Not Increase Settlement
While surgery often influences settlement value, it is not always a guarantee of higher compensation. Several situations may limit how surgery affects your claim:
- Non-essential surgery: If the surgery is elective or not directly related to the workplace injury, it may not increase your claim value.
- Delayed surgery: If you wait too long to have surgery after your injury, insurers may argue the surgery is unrelated or unnecessary.
- Settlement before surgery: If you settle your claim before surgery, you may lose the chance to include future medical costs and related damages.
Timing Considerations: Before vs. After Settlement
If you are considering surgery after a personal injury at work, timing is critical. Settling your workers' comp claim before surgery could limit your benefits because future medical expenses might not be covered after settlement. On the other hand, delaying settlement until after surgery gives you the opportunity to include all medical costs, lost wages, and long-term impairment in your claim.
Your workplace injury attorney can help you decide the best time to settle based on your specific medical and financial situation. The most important thing is ensuring that you follow medical advice and don’t delay anything that could severely affect your future health by being put off.
Factors That Influence Workers’ Comp Settlements After Surgery
Several important factors affect how much your settlement might increase after surgery, including:
Medical Evidence and Records
Strong medical documentation that clearly connects your surgery to your workplace injury is essential. Detailed reports from doctors, surgeons, and rehabilitation specialists help prove the necessity of surgery and the extent of your injury. This evidence strengthens your case and may result in a higher settlement.
Lost Wages and Rehabilitation Costs
Surgery often leads to lost wages due to time off work and may require rehabilitation or physical therapy. These additional costs and wage losses can increase your total claim amount. Make sure to keep accurate records of all missed workdays and related expenses.
Negotiation and Legal Representation
An experienced workers’ compensation lawyer understands how to negotiate with insurance companies to secure your settlement. Legal representation helps ensure that your surgery and related costs are fully considered. Without a skilled attorney, you may accept a lower offer than you deserve.
Even more important is being able to respond if your insurer does not want to negotiate a fair settlement. That is when an attorney with courtroom experience is needed.
Next Steps for Injured Workers Considering Surgery
If you have been injured at work and are considering surgery, it is important to take the following steps to protect your workers’ compensation claim:
- Keep Detailed Medical Records: Maintain thorough documentation of all medical visits, test results, diagnoses, treatment plans, and surgical procedures related to your injury. Clear medical records are essential to prove the severity of your injury and the necessity of surgery.
- Communicate Regularly with Your Employer and Insurer: Keep your employer and the workers’ compensation insurance company informed about your current condition, upcoming surgeries, and recovery progress. Open communication helps prevent delays in benefits and supports your claim’s validity.
- Consult an Experienced Workers’ Compensation Lawyer: Before agreeing to any settlement offer or making major decisions, speak with a qualified workers’ compensation attorney. A lawyer can explain how surgery may affect your case, help you understand your rights, and work to maximize your settlement.
- Contact Freeburn Law for Personalized Legal Guidance: Early legal advice can make a significant difference in your recovery and financial outcome.
How Freeburn Law Can Help Pennsylvania Workers
At Freeburn Law, we have extensive experience helping injured Pennsylvania workers get the compensation they deserve. Our experienced attorneys work to protect your rights and ensure your surgery and recovery costs are fully covered. We review your medical records, negotiate with insurance companies, and guide you through every step of the claim process.
Our workers’ compensation attorneys know the tactics many insurance companies and businesses use to avoid making fair payouts, and we tactfully maneuver around their attempts to get you the financial relief you deserve.
Contact us at (717) 777-7777 for a free and confidential consultation to discuss your situation and learn how surgery might impact your workers’ compensation claim and settlement
Being proactive and informed throughout your treatment and claim process can greatly improve the chances of receiving fair compensation. If you’ve been injured at work, don’t hesitate to reach out to Freeburn Law for the support and advocacy you deserve.
Common Questions About Surgery and Workers’ Comp Settlements
Can I Settle My Claim Before Surgery?
Yes, but it is generally not recommended. Settling before surgery may mean you give up the right to compensation for future medical bills and complications. It is usually better to wait until after surgery and recovery before finalizing your claim to ensure everything is properly accounted for to secure a fair claim.
Will Surgery Guarantee a Higher Settlement?
Surgery alone does not guarantee a larger settlement. Your overall claim value depends on the severity of your injury, medical evidence, lost wages, and your ability to prove the surgery was necessary for your workplace injury.
How Long Does the Workers’ Comp Claims Process Take?
The workers' comp claim process varies depending on the complexity of your injury, surgery, and negotiations. It may take months or longer to reach a settlement, especially if surgery and rehabilitation are involved.
