Does Outpatient Surgery Increase Your Workers’ Comp Settlement? A Complete Guide
A workplace injury can turn your life upside down. When that injury is severe enough to require surgery – even outpatient surgery – stakes get higher. You’re likely facing significant medical bills, a longer recovery period, and uncertainty about your future. A common question we hear is, “Does surgery increase workers’ comp settlement amounts?”
The short answer is yes, almost always. But the relationship between surgery and your final workman’s comp payout is more complex than a simple cause-and-effect. This guide will break down how surgery, including outpatient procedures, impacts your claim and what you need to know to protect your rights.
Understanding the Components of a Workers’ Comp Settlement
Before we dive into how surgery affects the final number, it’s crucial to understand what a settlement is designed to cover. People often search for the average workers comp settlement, but there’s no magic number. Each settlement is unique and calculated based on several key factors:
- Medical Expenses: This covers all past, present, and future medical treatment related to the injury, including surgery, hospital stays, medication, and physical therapy.
- Lost Wages (Disability Benefits): This compensates you for the time you were unable to work while recovering (Temporary Disability) and for any long-term reduction in your earning capacity (Permanent Disability).
- Permanent Partial Disability (PPD) Rating: After you’ve reached Maximum Medical Improvement (MMI), a doctor assigns an impairment rating to the injured body part. This rating is a major factor in calculating your final workmans comp payout.
The Core Question: Does Surgery Increase Workers’ Comp Settlement Value?
Yes, undergoing surgery is one of the most significant factors that can increase the value of your workers’ compensation case. Let’s explore the specific reasons why this is true.
How Surgery Directly Impacts Your Workmans Comp Payout
- Massively Increased Medical Costs: Surgery is expensive. Even an outpatient procedure can generate tens of thousands of dollars in bills for the surgeon, anesthesiologist, and facility. These documented costs form the foundation of your claim’s value. The insurance company must account for these bills, which immediately raises the potential settlement figure far above that of a non-surgical injury.
- Higher Permanent Impairment Ratings: The very need for surgery indicates a more severe injury. A torn rotator cuff that requires arthroscopic surgery will receive a much higher impairment rating than a simple shoulder sprain treated with physical therapy. A higher rating directly translates to a larger settlement. This is a primary reason why the answer to “does surgery increase workers’ comp settlement?” is a resounding yes.
- Longer Recovery and More Lost Wages: A non-surgical injury might keep you out of work for a few weeks. A surgical injury can mean months of recovery, followed by extensive physical therapy. All this time off work results in more temporary disability benefits, which must be factored into the final workers comp payout.
- Future Medical Needs: Surgery often creates the need for future medical care. This can include follow-up visits, additional physical therapy, pain management, or even the potential for a future revision surgery. The projected cost of this future care is a critical part of settlement negotiations.
What About the Average Slip and Fall Settlement Amounts with Surgery?
Slip and fall accidents at work are common and often result in injuries to the back, knees, or shoulders, all of which frequently require surgery. While it’s tempting to look for the average slip and fall settlement amounts with surgery, it’s more useful to understand the drivers of that value.
A slip and fall that leads to a lumbar fusion surgery will have a dramatically higher value than one resulting in a minor concussion. The surgery itself is the key differentiator. Factors influencing average slip and fall settlement amounts with surgery include:
- The type and cost of the surgery (e.g., knee replacement vs. arthroscopic cleanup).
- The length of the hospital stay (if any).
- The resulting PPD rating from the doctor.
- The impact on your ability to return to your previous job.
Ultimately, while there is no official “average,” the presence of surgery in a slip and fall claim is the single most important element in securing a substantial settlement.
Don’t Be Misled by the Term “Average Workers Comp Settlement”
It is vital to approach terms like “average workers comp settlement” with caution. These figures can be misleading because they lump together minor claims (like a few stitches) with catastrophic ones (like paralysis). Your settlement value is specific to your injury, your wages, and your medical needs. Focusing on an “average” can cause you to undervalue your own unique case, especially when surgery is involved.
Choosing a Surgical Partner That Understands Workers’ Comp
If your workplace injury requires surgery, the complexity of your claim skyrockets. The medical documentation, billing, and authorization process for workers’ compensation is unique. Choosing a surgical facility that is inexperienced with these procedures can cause delays and create problems for your case.
Streamlined, reliable, and experienced—Corona Summit Surgical Center supports injured workers and their legal teams with timely, high-quality outpatient care. By partnering with a facility that understands the specific needs of a workers’ comp case, you and your attorney can ensure the medical side of your claim is handled seamlessly, allowing you to focus on recovery and securing the full settlement you deserve.
Frequently Asked Questions
- What is the average workers comp settlement for a knee surgery?
While there is no official “average,” a settlement for a knee surgery like an ACL repair or meniscus tear is typically substantial. The value depends heavily on the cost of the surgery, the length of your recovery, the final impairment rating assigned by your doctor, and how the injury affects your ability to perform your job. An experienced attorney can help calculate a fair value for your specific case, as searching for an average workers comp settlement can be misleading. - Can I get a settlement if I refuse a surgery recommended by my workers’ comp doctor?
Refusing a medically necessary surgery can significantly complicate your claim and reduce your final workmans comp payout. The insurance carrier may argue that you are failing to mitigate your damages and could petition to stop your benefits. It is crucial to discuss this decision with both your doctor and a qualified workers’ compensation attorney before refusing any recommended procedure. - Does the insurance company have to approve my surgery before I can get it?
Yes, in most workers’ compensation systems, the surgery must be pre-authorized by the insurance carrier. They will review your doctor’s recommendation to ensure it is medically necessary and directly related to the workplace injury. If they deny the surgery, you have the right to appeal that decision, which is a process where having an attorney is invaluable. This approval is a key step that answers the question.