In Minnesota, whether or not surgery increases a workers’ compensation settlement will depend on the specific circumstances of the case. It is important that you contact an experienced workers’ compensation attorney to help you navigate the workers’ compensation process, ensuring your rights are protected.
Workers’ compensation benefits are designed to cover medical expenses, wage loss, and other related costs that result from a work-related injury or illness. If surgery is necessary to treat the injury or illness, then the cost of the surgery and related medical expenses may be covered by workers’ compensation.
However, the fact that surgery was performed does not automatically increase the settlement amount. The settlement amount will depend on factors such as the severity of the injury, the extent of the medical treatment required, and the impact of the injury on the worker’s ability to work and earn a living.
If the injury is severe and the worker is unable to return to work or is limited in their ability to work, then the settlement amount may be higher. In addition, if the surgery or medical treatment results in permanent impairment or disability, then the settlement may also be increased to reflect the ongoing impact of the injury on the worker’s life and ability to earn a living.
Ultimately, the settlement amount in a workers’ compensation case will be determined by a number of factors, including the specific details of the injury, the medical treatment required, and the impact of the injury on the worker’s life and ability to work.
The attorneys at Harvey & Carpenter have over 50 years of experience handling complex workers’ compensation claims. Visit our website at www.katolaw.com or Contact Harvey & Carpenter at 507-779-7529 for a free consultation to ensure that you receive fair and just compensation for your work-related injury or illness.
How Surgery Affects Your Permanent Partial Disability Rating
One of the primary ways surgery can increase your workers’ compensation settlement is through the permanent partial disability (PPD) rating. After you reach maximum medical improvement following surgery, a doctor will assign a disability rating based on the Minnesota workers’ compensation schedule. Surgeries such as spinal fusion, knee replacement and shoulder replacement typically result in higher PPD ratings than injuries treated conservatively, which directly increases the PPD benefit amount.
For example, a back injury treated with physical therapy alone might receive a lower disability rating than the same injury that required spinal fusion surgery. The PPD schedule assigns specific values to different surgical procedures and their outcomes.
Wage Loss and Recovery Time
Surgery also affects your settlement through wage loss benefits. The recovery period following surgery is often longer than conservative treatment, meaning you may receive temporary total disability benefits for a longer period. Additionally, if surgery results in permanent work restrictions that prevent you from returning to your previous job, you may be entitled to additional wage loss benefits or vocational rehabilitation.
Factors That Influence Settlement Value After Surgery
Several factors determine how much surgery increases your settlement. These include the type of surgery performed, whether the surgery was successful in reducing symptoms, the permanent restrictions assigned by your doctor after recovery, your age and remaining work life expectancy, and your pre-injury wages and earning capacity.
It is important to wait until you have fully recovered from surgery before settling your claim. Settling too early may mean accepting less than your case is worth. At Harvey & Carpenter, we advise our clients on the optimal timing for settlement negotiations and ensure all future medical needs are considered. Contact us for a free consultation about your workers’ compensation case.
I got hurt at work after working there over a year then was fired because I missed a day do to my injury. I’m told I’m going to need surgery because three important legitimates were torn taking 6 months or more to heal. I would like to know what I should expect as far as my settlement amount I have a lawyer in my case but I been doing my homework because I’ve never had to go through this I’m double checking with another well experienced work mad comp attorney. Thank you if you could get back to me as soon as ur able that would be appreciated!
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