What Is the Average Workers’ Comp Settlement for Surgery?

  • Workers’ Comp Settlement for Surgery: The average workers’ compensation settlement in the United States ranges from $20,000 to $40,000 but this can vary widely due to numerous factors.
  • Factors influencing the settlement: the nature and severity of the injury; the cost of medical bills; whether the injury is temporary or permanent; the impact on future earning capacity; the state in which the claim is made; and the skill of the claimant’s attorney, among others.
  •  Medical costs: While contemplating a settlement, it’s necessary to ensure that the medical costs, both current and future, are accurately calculated and covered in it.
  • The Role of Vocational Rehabilitation: Vocational rehabilitation costs if applicable, also play a major role in the injury compensation. If the worker is unable to continue in their previous role due to their injury, cost for retraining may be covered.
  • Do not rush the settlement process: Meirowitz & Wasserberg, LLP wants you to know that it’s usually beneficial not to rush the settlement process, as the full impact of the injury may not be immediately known. Once the settlement is accepted, it can’t be revised later if new medical issues related to the injury arise.
  • Having a skilled attorney: Having a skilled attorney like the Meirowitz & Wasserberg, LLP is often essential to ensure that the worker’s rights are protected and to negotiate the best possible settlement offer

When a workplace accident leaves you injured, you may need expensive surgery to restore your health. Workers’ compensation can help cover the costs associated with your accident, but the average workers’ comp settlement for surgery varies based on factors specific to your case. Our experienced lawyers at Meirowitz & Wasserberg can help you determine and pursue a meaningful settlement amount. 

Workers’ compensation is a form of insurance that provides benefits to employees who suffer a work-related injury or illness. This compensation is designed to cover medical expenses, lost wages, and rehabilitation costs, among other things. 

If your workplace injury requires surgery, this coverage becomes even more important. Getting surgery can be extraordinarily expensive and leave you with a significant financial burden. The average workers’ comp settlement for surgery varies from case to case. Unfortunately, in many cases, insurance companies often try to settle for unfairly low amounts. 

Our knowledgeable lawyers at Meirowitz & Wasserberg will strive to maximize your settlement and help you fight for the compensation you’re entitled to. Contact us today to schedule your free consultation.

Quick Links

Average Workers’ Comp Settlement for Surgery

The average settlement for workers’ compensation 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 one state to the next. 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: 

  1. Seek medical attention as soon as possible, even if you don’t think your injuries are severe. Keep records like medical reports and receipts.
  2. Notify your employer in writing as soon as possible. 
  3. File your workers’ compensation claim through the avenues your employer and state provide.
  4. 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 lawyer can help you navigate the claims process, ensuring you know your full legal rights and do not miss any deadlines. 

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.  

Due to the variations from case to case, it’s very helpful to secure high-quality legal representation before filing. By enlisting the help of a skilled workers’ compensation lawyer, you can rest assured that you know your full legal rights and options. 

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. Through these 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 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’re aware of 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’ve secured millions of dollars in verdicts and settlements for various cases, 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, as well as how to gather evidence and assemble it 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 on your own 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 can vary from one state to the next. 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, some New York public servants are ineligible for workers’ compensation under these laws. 

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.