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What Is the Average Workers’ Comp Settlement for Surgery?

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Average Workers’ Comp Settlement for Surgery

The average workers’ compensation settlement varies based on factors specific to each situation. In many cases, surgery significantly increases the workers’ compensation settlement amount. It can range from as little as $1,000 to $100,000 or more, depending on the type of surgery you need. A knowledgeable lawyer can help you determine a fair settlement based on the costs related to your injury.

Costs and Coverage of Surgical Procedures

Workers’ compensation covers surgical procedures necessary due to injuries or illnesses sustained on the job. The cost of surgical procedures for work-related accidents and injuries can vary drastically based on the type, location, and severity of the injury. Again, some may cost as little as a few thousand dollars, while others tip the scales well over $100,000.

For example, suppose someone suffers a herniated disc injury at work, preventing them from doing their job. The worker files a workers’ compensation claim after discovering they need surgery. Herniated disc surgery can cost upwards of $35,000. Workers’ compensation should cover the cost of surgery because it was directly caused by a workplace accident.

Navigating the Workers’ Compensation Claim Process

The process of filing a workers’ compensation claim can vary from state to state. However, most states outline the process on their official workers’ compensation government website.

For example, in New York, you must complete a C-3 Employee Claim form by filling out the paper form or calling (866) 396-8314 to speak with a board representative who will do it for you. If approved, you’ll receive payments every two weeks throughout your disability period.

The general process remains the same across the states. Typically, you must:

Seek medical attention as soon as possible, even if you don’t think your injuries are severe. Keep records like medical reports and receipts.
Notify your employer in writing as soon as possible.
File your workers’ compensation claim through the avenues your employer and state provide.
Follow up on your claim and keep receipts of any out-of-pocket expenses you make to treat your injury before your claim is approved.

The process can be overwhelming, especially when dealing with a severe injury. This is where our skilled lawyers at Meirowitz & Wasserberg come in. Our skillful lawyers can handle your claims process, ensuring you know your full legal rights and avoiding missing deadlines.

“If you're injured, you should file the claim as soon as possible, especially if you're out of work. You are entitled to lost wage benefits, and to free medical treatment for your injuries.”

– Attorney Brian Russel, Meirowitz & Wasserberg

The Role of Medical and Vocational Rehabilitation

For most injured workers, the journey to returning to work is far from over in the days and weeks after the surgery. Instead, they face a long road to recovery that requires medical and vocational rehabilitation.

Medical rehabilitation helps people regain maximum bodily function after an injury or surgery. It can take weeks and even months, often requiring a long-term commitment that can prevent you from working full-time or at all.

You may also need to enroll in a vocational rehabilitation program before returning to work. These kinds of programs help those with disabilities find and maintain employment. While workers’ compensation often covers medical rehabilitation, it doesn’t always cover vocational rehabilitation.

Variations exist from case to case, but by enlisting the help of a skilled workers’ compensation lawyer, you can rest assured after discussing your legal rights and options with a knowledgeable legal professional.

Compensation for Lost Wages and Disability

In workers’ compensation claims, there are two primary types of disability: temporary and permanent.

Temporary disability applies to cases where employees can’t perform their job duties or functions for a limited time. Injured employees can often apply for temporary disability benefits by getting proof of their disability from their doctor. With disability benefits, employees may temporarily receive a percentage of their original income.

Permanent disability applies to those who cannot return to work due to injury or illness. Approval for these benefits grants the employee a percentage of weekly wages up to a specific limit.

The amount you can recover depends on factors specific to your case, including lost wages, the severity of your impairment, and medical expenses. The value of your settlement may also vary based on state law.

What Work Injury Pays the Most?

Generally, the more severe the injury, the higher the payout. For example, amputation injuries are among the highest workers’ compensation claim payouts. However, it’s important to understand that every case is different, so the average workers’ compensation settlement may vary.

What Body Part Has the Highest Value in a Workers’ Compensation Claim?

Injuries to the brain and head often have the highest value in workers’ compensation claims, as they can have life-altering consequences. Severe injuries to the spinal cord may also be eligible for higher values in a workers’ compensation claim. Ultimately, how much a workers’ compensation settlement is worth varies widely based on the circumstances specific to your injuries and accident.

Legal Representation With Meirowitz & Wasserberg

Workers’ compensation claims aren’t always straightforward, especially if your claim gets denied. Between the complexity of state laws and the variation in claims processes from one state to the next, having help from a skilled lawyer is essential.

Your lawyer can help you navigate your claim, ensuring you know all applicable deadlines. If your claim is denied, your lawyer can help you fight to secure the benefits you’re entitled to.

The experienced team at Meirowitz & Wasserberg has helped many employees navigate their workers’ compensation claims and can help you do the same. We’re proud of our case results, which include securing millions of dollars in verdicts and settlements, including those involving mesothelioma in the workplace.

If you’re feeling overwhelmed by the process, you’re not alone. Our lawyers will walk you through the entire process, ensuring your rights are upheld to help you seek the compensation you deserve.

Settlement Negotiation Strategies

Negotiating workers’ compensation settlements requires an in-depth understanding of the law and how to gather and assemble evidence to build a compelling case. Robust strategies often start with establishing the baseline value of the case. Your lawyer can help you determine how much your workers’ comp case is worth based on factors specific to your injury.

Additionally, you must understand insurer tactics, as these companies tend to offer unfairly low amounts, especially when they know you have not yet consulted with an attorney. Effective negotiation with insurance companies can get you a higher settlement.

Handling these steps alone can be daunting when dealing with an injury. Our skilled lawyers at Meirowitz & Wasserberg are well-versed in workers’ compensation cases and understand common insurance tactics. We can help you negotiate your case to fight for a maximum settlement amount.

Understanding State-Specific Regulations

Workers’ compensation laws vary from state to state. Almost all states require employers to carry this type of insurance, but the requirements can vary by industry, business size, and structure.

For example, in New York, employers must have workers’ compensation coverage for all employees, including part-time employees and family members. However, under these laws, some New York public servants are ineligible for workers’ compensation.

In New Jersey, workers’ compensation doesn’t apply to certain workers, including casual employees, independent contractors, some types of sports officials, and licensed real estate brokers.

The variation in state-specific regulations underscores the importance of having a lawyer with experience in specific jurisdictions. For example, if you live in New York, look for a workers’ compensation lawyer with experience in the state.

Talk to Our Knowledgeable Lawyers at Meirowitz & Wasserberg

If you’re navigating a workers’ compensation claim, legal guidance is important. Understanding how much the average workers’ compensation settlement is worth is handy, but having help from a lawyer can increase your compensation and ensure you know your full rights and options.

Our experienced workers’ compensation lawyers at Meirowitz & Wasserberg have what it takes to handle your case from start to finish. Contact us at (212) 897-1988 or complete our online contact form to start today.

What Our Workers’ Comp Clients Are Saying

Our mission is to give a voice to the voiceless. We’ve accomplished exactly that for these valued clients and more:

“Meirowitz & Wasserberg were a huge help to me when I got injured at my job on a construction site. My managers were trying to brush it under the rug like it didn’t happen but Meriowitz personally fought for what I deserved and I ended up getting my settlement from them. So happy I chose them as they made the process easier than I ever imagined.”

“I had an excellent experience working with Mr. Wasserberg this spring. I got in an accident at work and he helped with my claim and settlement. One of the best in the business!”

“I am very thankful that I found Meirowitz and Wasserberg when I got hurt on-site at my construction project. Unbelievable people, work with them and they’re I’ll work for you.”

“I contacted the lawyers at Meirowitz and Wasserberg after I slipped and fell working my job in construction in the Bronx. They took care of everything and we’re super welcoming, I knew I was in good hands. I am thankful to have gotten into contact with them, I would’ve been in serious trouble otherwise.”

“The attorneys at Meirowitz & Wasserberg are so easy to work with. Jonathan Alvarez knows how to get the job done fast and efficiently and is extremely reliable. I recommend calling them when something goes wrong.”

“Melissa Reitberg is a talented, passionate advocate. The lawyers at Meirowitz & Wasserberg are compassionate yet aggressive when it comes to fighting for their clients.”

Get the Help You Need After a Work Injury

You may be entitled to more compensation than you realize if you were injured while at work. Work-related injuries often involve long recovery times, and work-related surgeries can lead to hefty medical bills. Meirowitz & Wasserberg LLP is committed to fighting for the maximum compensation you and your family deserve.

With over $500 million recovered for our valued clients, we know what it takes to win against large corporations and insurance companies that prioritize their bottom line over your well-being. Contact us today for a free, no-obligation consultation—let us protect your rights and get you the support you need.