Does Surgery Increase a Workers’ Compensation Settlement in Massachusetts?
Navigating the complexities of workers’ compensation can be challenging, especially when dealing with the prospect of surgery. As a workers’ compensation attorney who has dedicated my career to helping injured workers secure the benefits they deserve, I often receive questions about whether undergoing surgery can affect the settlement amount in a workers’ compensation case. In this article, I will discuss the Massachusetts workers’ compensation program and explain how surgery can affect a workers’ comp settlement.
If you or a loved one was injured at work in Lowell or the surrounding communities, I invite you to call my office at 978-654-6670 to schedule a free consultation. I can listen to the facts of your case, explain your legal options, and tenaciously fight for the full and fair compensation to which you and your family are rightfully entitled.
Understanding Workers’ Compensation in Massachusetts
Before we dive into the specifics of how surgery might impact a workers’ compensation settlement, it’s essential to understand the basics of workers’ compensation benefits in Massachusetts. Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and compensation for permanent impairments.
Types of Workers’ Compensation Benefits
In Massachusetts, workers’ compensation benefits fall into several categories:
- Medical Benefits: Covering the cost of medical treatment related to the injury.
- Temporary Total Incapacity Benefits (TTD): Providing wage replacement if the injury prevents you from performing any gainful employment temporarily.
- Temporary Partial Incapacity Benefits (TPD): Offering partial wage replacement if you can work but at a reduced earning capacity because of the injury.
- Permanent and Total Incapacity Benefits (PTD): For workers who are permanently unable to performing any gainful employment due to their injuries.
- Permanent Loss of Function and Disfigurement Benefits: Compensating for permanent loss of specific functions, scarring and/or disfigurement.
- Survivors’ and Dependents’ Benefits: Available for a spouse or child of an employee who died due to a work-related injury or illness.
- Burial Expenses. In cases of death due to work-related injury or illness, the insurer pays up to $8,00 for reasonable burial expenses.[1]
The Impact of Surgery on Workers’ Compensation Settlements
One of the most common questions I hear is whether undergoing surgery will increase a workers’ compensation settlement. The answer is not straightforward, as it depends on several factors, including the nature of the injury, the necessity and outcome of the surgery, and the overall impact on the worker’s ability to return to work.
Factors to Consider
- Severity of the Injury: More severe injuries that require surgery often result in higher settlements due to the possibility of a less-than-successful surgical outcome and longer recovery times.
- Medical Necessity: A qualified healthcare provider must deem the surgery medically necessary. Unnecessary surgeries are unlikely to positively influence the settlement amount.
- Recovery and Rehabilitation: The length and success of the recovery process post-surgery plays a significant role. A longer or complicated recovery can lead to higher compensation.
- Permanent Impairment: If surgery results in a permanent impairment, this can significantly increase the settlement amount. Massachusetts law provides compensation for permanent loss of function or disfigurement.
- Ability to Return to Work: If surgery prevents you from returning to your previous job or any job, this can lead to higher disability benefits and settlements.
Real-Life Examples: Does Surgery Increase Workers’ Comp Settlements?
Let’s look at a couple of hypothetical scenarios to illustrate how surgery might impact a workers’ compensation settlement:
Case Study 1: Simple Surgery with Full Recovery
Jane, a factory worker, injures her knee while lifting heavy equipment. Her doctor recommends arthroscopic surgery to repair a torn ligament. Jane undergoes surgery, completes her physical therapy, and is able to return to her job within three months. In this case, Jane probably will not be offered a settlement by the insurer as she has gone back to work earning her pre-injury wage. As the insurer is not obligated to pay any future weekly wage benefits, there is no reason to offer a settlement in lieu of those payments. She would be paid for the time out of work, her medical expenses and if she has any permanent loss of function of her knee, she would be paid a benefit for that.
Case Study 2: Complex Surgery with Permanent Impairment
John, a construction worker, suffers a severe back injury after a fall from scaffolding. His doctor recommends spinal fusion surgery. Despite the surgery, John experiences chronic pain and limited mobility, preventing him from returning to his previous job. In this scenario, John’s settlement would likely be much higher due to the fact that he could not return to his prior work and the insurer will have to pay him for years into the future. He may also be eligible for permanent total disability benefits.
The Role of a Workers’ Compensation Surgery Attorney
Navigating the workers’ compensation process can be daunting, especially when surgery is involved. As an experienced workers’ compensation attorney, I can guide you through every step of the process. My goal is to ensure you receive the maximum benefits you’re entitled to, including compensation for medical expenses, lost wages, and any permanent impairments.
Why Choose Me as Your Workers’ Compensation Surgery Lawyer?
- Personalized Attention: I take the time to understand your unique situation and tailor my approach to meet your specific needs.
- Tenacious Negotiation: I have recovered millions of dollars in compensation for my clients and have a proven track record of negotiating favorable workers’ compensation settlements.
- Comprehensive Support: From filing your claim to appealing a denial, I provide comprehensive legal support throughout the entire process.
Steps to Take If You’re Considering Surgery for a Work-Related Injury
If you believe surgery is necessary for your work-related injury, follow these steps to protect your rights:
- Consult with Your Doctor: Ensure that surgery is medically necessary and discuss potential outcomes and recovery times.
- Seek a Second Opinion: It can be beneficial to get a second opinion to confirm the necessity of the surgery.
- Notify Your Employer: Inform your employer about your injury.
- Document Everything: Keep detailed records of all medical treatments, communications with your employer, and any time missed from work.
- Contact a Workers’ Compensation Attorney: Reach out to an experienced workers’ compensation surgery attorney early on to discuss your case and ensure you receive the benefits you’re entitled to.
Want to Understand How Surgery May Affect Your Workers’ Comp Claim? Schedule A Free Consultation Today!
If you’re facing surgery for a work-related injury, don’t navigate the workers’ compensation process alone. Contact me, Jeffrey A. Young, today for a free consultation. Together, we can ensure you receive the full benefits you deserve and help you get back on the road to recovery.
This comprehensive article aims to provide you with the information you need to understand how surgery can impact your workers’ compensation settlement in Massachusetts. By following the steps outlined above and seeking the right legal support, you can maximize your compensation and focus on your recovery. If you have any questions or need assistance with your workers’ compensation claim, don’t hesitate to reach out to my office. I’m here to help.
For a free consultation, call 978-654-6670. Let’s work together to secure the benefits you deserve.