Workers’ compensation is one of those benefits that you never really give a thought to until you need it. However, it is an excellent social security benefit. You get paid for injuries or illnesses that you sustain while working. However, the extent of financial settlement depends on several factors. If you sustain minor injuries, you require just a few days of rest. If you sustain grievous injuries, you may need to rest for a few months. So, the payment for these two situations would be certainly different.
Medical Care and Rehabilitation
Similarly, if you have a grievous injury you may require prolonged medical treatment. In such a situation, the worker's compensation must provide for your treatment. If you sustain a spinal cord injury requiring complicated surgery and you have permanent restrictions after spinal fusion, the settlement must also pay for your rehabilitation. Let’s take a look at some of the factors that determine the extent of settlement of workers' compensation.
Factors That Determine The Amount Of Benefit
- Your Eligibility
Your eligibility revolves around your average weekly wage and compensation paid to corresponding workers. This figure is essential, so, it calls for proper calculation. Indeed, this is the first thing an attorney does to evaluate your claim. Needless to say, benefits increase for higher average pay.
- The Type of Injury
The amount of payout also depends on the type of injury. If it requires surgery to treat the injury, the payout is higher. So, if you are thinking does surgery increase workers comp settlement? You are right. Surgery does increase the chance of works compensation benefits. So, the more serious the injury, the higher is the payout. Generally, surgical intervention automatically leads to an increase in workers' compensation payout.
- The Extent Of The Injury
Apart from the type of injury, another significant factor is the extent of the injury and its prognosis. So, if someone has a spinal cord injury and surgical intervention renders permanent restrictions after spinal fusion, workers compensation settlement has to take care of his rehabilitation in case he is rendered unsuitable to work in his prevision position. In such cases, the payout is valued higher.
- Your Case Status
Any pending petition to cut off or reduce your benefits may have a bearing on your present case. So, if there is a petition by the insurance company or an independent medical report that cuts down on your previous worker's compensation payout, it can reduce your settlement.
- The Extent of Current Medical Treatment
People often ask does surgery increase workers comp settlement? To answer this question you need to understand that the insurance company is liable to pay for your future medical care too. However, they are clever people. So, if they believe that there are genuine reasons for future medical treatment costs, they can put more money on the table. So, yes, surgery does increase workers' comp settlement.
Summing Up
Workers' compensation is a great benefit, especially if you undergo surgery and need future medical care. However, you need to keep the slate clean. Any pending case that reduces your compensation benefits may drag down your payout. If you have a surgery such as a prolonged spinal surgery that renders you unfit for your position, you need alternate employment. You also need finances for rehabilitation. If you have a genuine case, the insurance company may be liable to pay for it. However, there are different factors that determine the amount of benefits, which you should know. The main ones being your actual case status, along with the extent of current medical treatment, as well as the type of injury.
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