Every workers’ comp case is unique, which makes it tricky to say what the “average” workers’ comp settlement for surgery is. The amount depends on things like the type of injury, the kind of surgery, and how well you recover.
Settlements don’t just pay for surgery—they also cover things like missed paychecks, ongoing medical care, and changes in your ability to work. Sometimes, people forget to include future problems surgery might cause, like the need for more treatment or struggles finding a new type of job. Below, we’ll explain how surgery can affect a workers’ comp settlement and what to keep in mind to avoid missing out.
When Does Surgery Increase a Workers’ Comp Settlement?
Not every surgery leads to a bigger workers’ comp payout, but several situations can push the amount higher. Knowing which circumstances apply to your case will help you get the settlement you may deserve.
When Surgery Results in Complications
Sometimes surgeries don’t go as planned. Complications like infections or needing another surgery can increase the costs of your claim. These don’t only affect your body—they also add stress and make recovery even harder.
To make sure these complications are included in your settlement, you’ll need good medical records. A detailed report from your doctor can help prove that the problems are related to your injury at work and deserve to be compensated.
When Long-Term Medical Costs Are Required
Some surgeries, like a knee or shoulder replacement, may need follow-up care for months or years. Physical therapy, medications, or even special equipment might be required, and these things can add up.
If you don’t include these future costs in your claim, you could end up paying for them out of your own pocket. A clear treatment plan from your doctor can help show the insurance company what those future expenses will look like.
When the Injury Requires a Major or Invasive Procedure
Big surgeries, like back surgery or joint replacements, usually increase the settlement amount. These kinds of operations often take a long time to recover from and can affect your ability to do daily activities or work.
To protect your settlement, you need to show that these surgeries were a direct result of your workplace injury. Having clear proof from your doctor helps make sure the insurance company recognizes how serious your injury is.
When the Surgery Impacts the Ability to Work
If surgery makes it hard or impossible to return to the job you had before, the settlement has to cover more. A factory worker who can’t lift heavy objects anymore, for example, might need to switch to a different career or even stop working altogether.
To show how your injury affects your work, you might need reports from job or rehab experts. They can explain how your career is impacted and why you deserve more compensation.
When Surgical Success Is Uncertain
Not every surgery has a clear or guaranteed result. If surgery doesn’t fully fix the problem or causes new difficulties, it can raise future costs. For example, a failed back surgery could leave you in pain or unable to work as much as before.
Your lawyer can help include expected future challenges in your settlement to make sure you’re covered, even if things don’t go as planned.
When the Surgery Exacerbates Pre-Existing Conditions
If you already had a health problem and the surgery makes it worse, this can lead to a larger settlement. For example, if a hurt knee from work worsens your arthritis, your claim should consider how the injury has affected your older condition.
Including this in your settlement takes careful documentation. Your lawyer and doctor can work together to explain how the work injury caused more harm, so the insurance company doesn’t try to ignore it.
Which Surgeries Lead to Higher Settlements?
Some surgeries are more likely to result in big settlements because they have a bigger impact on work and life. These include:
- Surgeries that require follow-ups or lead to long recoveries, like multiple joint surgeries.
- Injuries to major parts of the body, like the brain, back, or joints (shoulders, knees).
- Complex or invasive procedures, such as spinal fusions or replacements come with higher risks or costs.
These types of surgeries often mean more challenges for injured workers, so their settlements are typically larger.
Maximize Your Settlement With Trusted Legal Support
Going through surgery is already stressful, but on top of that, you shouldn’t have to worry about how to secure a fair settlement. That’s where the right legal help comes in.
At Jim Glaser Law, our Boston workers comp attorneys with offices in Sharon and Cambridge focus on making sure injured workers get fair settlements that fit their needs. From covering medical costs to lost wages and future care, we’ll fight for what you may deserve.
Get in touch with us today for a free consultation. We’ll guide you through the process and focus on getting you the compensation you need to heal and get back to what matters most—your life.
