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Workers' Compensation

Settling a Workers’ Compensation Case After Surgery

By October 24, 2022November 2nd, 2022No Comments

If you have been injured at work, you may be considering a workers’ compensation claim settlement. Injuries that are serious enough for your doctor to recommend surgery have major implications for your health and livelihood. Workers undergoing surgery can consider a workers’ compensation settlement at different points in their recovery, whether or not they are already receiving benefits. The potential upsides of settling a workers’ compensation claim after surgery can vary widely from case to case. Whether or not surgery will increase a workers’ compensation settlement depends on the injury, your prognosis, and workers’ compensation case status.

Considering When to Settle

If you elect to have surgery, the settlement might be an option after progressing in your recovery and your doctor has provided a prognosis. It is important to know what you are likely to need in terms of future treatment before settling a claim. If you are unsure about whether or not you need to have surgery, you should discuss that matter with your doctor. If you disagree with your doctor’s recommendations, you are entitled to a second opinion. Understanding your medical options is key to deciding whether to seek a workers’ compensation settlement after surgery.

How Recovery Affects Your Claim

Typically in a workers’ compensation claim, settlement and permanency go hand in hand. Permanency is a legal determination that you have recovered from your injury to the greatest extent expected. As things have stabilized at that point, it is easier to determine the future value of a claim. Permanency is not set until a year after surgery is performed. Therefore, having surgery may delay when a settlement is appropriate in your claim. Settling before surgery could result in having to pay for the procedure with settlement funds. It is best to review your situation with an attorney. The choice to have surgery and to settle your workers’ compensation claim are both big decisions, and you should make sure that all of your questions are answered.

If you have questions about settling a workers’ compensation claim, contact Lewis & Lewis, P.C. today.

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