[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/does-surgery-increase-your-workers-comp-settlement\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/does-surgery-increase-your-workers-comp-settlement\/","headline":"Does Surgery Increase Your Workers\u2019 Comp Settlement?","name":"Does Surgery Increase Your Workers\u2019 Comp Settlement?","description":"Employees who suffer catastrophic injuries may need surgery to repair the damage. Severe injuries can also leave workers with permanent impairments, making it necessary for an injured worker to pursue a workers\u2019 comp settlement and medical benefits. Having surgery for a work injury can increase the size of...","datePublished":"2023-09-14","dateModified":"2025-07-02","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/09\/surgeons-operating.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/09\/surgeons-operating.jpg","height":666,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/does-surgery-increase-your-workers-comp-settlement\/","about":["Workers' Compensation"],"wordCount":994,"articleBody":"Employees who suffer catastrophic injuries may need surgery to repair the damage. Severe injuries can also leave workers with permanent impairments, making it necessary for an injured worker to pursue a workers\u2019 comp settlement and medical benefits.Having surgery for a work injury can increase the size of your workers\u2019 comp settlement. However, the need for surgery represents just one factor in determining your settlement. Other factors include the type and severity of your disabilities and your pre-injury wages.What Types of Work-Related Injuries Might Require Surgery?Treatment for some work injuries may only involve rest and physical therapy. However, more severe trauma may require an injured worker to undergo surgery.Examples of injuries that may require surgical treatment to repair and heal include:Third-degree burnsDegloving injuries, where the skin gets torn away from muscle and boneBroken bonesLigament, tendon, and muscle tearsInternal organ injuries and internal bleedingCrush injuriesPerforation and penetrating injuriesNerve disorders, such as carpal tunnel syndrome or thoracic outlet syndromeHerniated spinal discsDislocated vertebraeSpinal cord injuriesEye injuriesSevere\u00a0brain injuries, including penetrating brain injuries, brain hemorrhage, or excessive swelling of the brainTraumatic amputations or gangrenous limbsWill Workers\u2019 Compensation Pay for Surgery?Workers\u2019 compensation benefits\u00a0will pay for surgical treatment for an injury that an employer or workers\u2019 compensation insurer deems work-related.\u00a0A work-related injury occurs when the trauma or harmful exposure causing the injury happens while the employee is performing job duties.In addition to the work-related requirement, workers\u2019 comp will pay for surgery for an injury or health condition when an employee\u2019s treating physician deems the surgery reasonable and necessary to treat the injury or condition.Workers\u2019 comp will not pay for surgeries to treat pre-existing injuries or degenerative conditions. For example, suppose a worker suffers from a herniated disc due to natural degenerative changes. Workers\u2019 comp will not pay for surgery to treat the herniated disc unless the herniation occurs due to some traumatic event at work, such as a fall or overexertion.However, if a work accident aggravates or exacerbates a pre-existing condition, it could be a different story. The condition may have been asymptomatic before the work accident, but symptoms appear after the accident. If those symptoms reveal that surgical treatment is required, workers\u2019 comp could pay for the surgery.Workers\u2019 comp will only pay for surgeries reasonably expected to improve the patient\u2019s condition. It likely will not cover surgery when non-surgical treatments will treat the patient\u2019s injury just as effectively.Will My Employer\u2019s Insurance Company Have to Approve My Surgery?Even if your treating physician recommends surgery for a work-related injury or condition, you may need to wait to undergo surgery.\u00a0Your employer or insurer must approve the surgery before they will cover the cost.In cases where your injury or condition has become life-threatening or you need immediate surgery to prevent further deterioration, the workers\u2019 compensation insurer may issue an approval or denial within a few days. However, for non-emergency situations, insurers may take several weeks to evaluate a request for surgery. In those circumstances, the insurer can ask you to submit to an independent medical examination (IME). Another physician performs an IME to confirm your treating physician\u2019s recommendation for the surgery.What Do I Have to Prove to Receive the Increased Benefits for Surgery?When you undergo surgery to treat a work-related injury, you could be left with a greater degree of permanent impairment than if you hadn\u2019t required surgery. Or you may have more costly medical care bills and be out of work longer to recover. These factors could be used to argue for an increased workers\u2019 compensation settlement.However, successfully negotiating a larger settlement with your employer\u2019s workers\u2019 compensation insurer may require you to prove that:You suffered a severe injury that didn\u2019t respond to less invasive treatment.You needed the surgery to reach maximum medical improvement.You need other treatment, physical therapy, and rehabilitation for your injury.You missed a prolonged period of work.You have suffered a disability that entitles you to permanent disability benefits.You have lost future earning capacity or potential due to your permanent disability.You cannot work in other jobs, even with vocational rehabilitation or support services.You\u2019ll need future treatments or ongoing care even after your injury reaches maximum medical improvement.You need assistance or home health care to cope with permanent disabilities or impairments.How Long Can a Workers\u2019 Compensation Case Take to Settle?Unfortunately, your attorney cannot predict precisely how long it may take to settle your workers\u2019 compensation claim. Some cases settle in a few weeks, while others take years.The timeline and duration of a workers\u2019 comp case depends on various factors, such as:The types of injuries you\u2019ve suffered and their severityThe duration of your medical care treatment and how long it takes you to reach maximum medical improvement (MMI)The nature of any permanent disabilities left by your injuriesWhether you may need ongoing or future care after reaching MMI, such as pain management care or revision surgeriesWhether you can return to work after reaching MMIYour lost future income or earning capacityWhether you may need personal care or support to cope with disabilities or bodily impairmentsHow long it takes the workers\u2019 compensation insurer to investigate your claimWhether the insurer asks you to undergo an independent medical examinationWhether you need to file a formal workers\u2019 comp claim with the Georgia State Board of Workers\u2019 CompensationContact a Georgia Workers\u2019 Compensation LawyerAfter suffering a catastrophic work injury that prevents you from returning to your job or other employment, you may need to negotiate a workers\u2019 compensation settlement to get the financial resources you need. Contact\u00a0Sherrod & Bernard, P.C., today for a free, no-obligation consultation to learn how a Georgia workers\u2019 compensation lawyer\u00a0can help.Visit Our Georgia Workers\u2019 Compensation Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Does Surgery Increase Your Workers\u2019 Comp Settlement?","item":"https:\/\/www.sherrodandbernard.com\/blog\/does-surgery-increase-your-workers-comp-settlement\/#breadcrumbitem"}]}]