Does Surgery Increase Workers’ Comp Settlement in Massachusetts?
There are many different types of on-the-job injuries that are regularly suffered by employees in Massachusetts. Some of these injuries may heal quickly while others require costly and invasive medical treatments in order to heal properly.
If your workplace injury requires surgical treatment, then your Workers’ Compensation settlement may be increased. First, the cost of your operation may be covered as a part of your claim. Further, the effects of your operation may be considered when determining the level of your disability benefits you qualify for.
After being hurt at work, seek guidance and support from our experienced Workers’ Compensation lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.
The Impact of Surgery on Your Workers’ Compensation Claim in Massachusetts
There are many types of on-the-job injuries that require surgery to heal properly. If you sustained such an injury that necessitates surgical treatment, then your Workers’ Compensation claim may be impacted in the following ways:
Medical Necessity and Treatment Costs
The medical expenses related to your workplace injury may be covered by Workers’ Compensation insurance. If a medical professional determines that surgery is the most appropriate and necessary course of action to treat your injury, you can rest assured that the costs associated with the surgery itself, as well as the subsequent post-operative care, rehabilitation, and any other related medical expenses, will be handled by your employer’s insurer. Accordingly, the necessity of surgery may significantly increase the value of your settlement.
Impact on Disability Benefits
The severity of your injury and its impact on your ability to work can significantly influence the level of disability benefits you qualify for. For example, if your injury and subsequent surgery render you totally disabled for a certain period of time, then you may be eligible for total incapacity benefits.
There are several different types of disability benefits you may qualify for. After reviewing the specifics of your claim, our Boston Workers’ Compensation lawyers can help determine which category of benefits you may pursue.
Does Workers’ Compensation Cover Pain and Suffering Related to Your Surgery in Massachusetts?
Workers’ Compensation insurance generally covers medical expenses and lost wages, but it does not provide compensation for physical pain and emotional suffering. However, if surgery is required because of your workplace injury, then you may be able to seek additional payment beyond medical costs and lost income in a personal injury lawsuit.
Still, lawsuits can only be filed after certain types of workplace accidents. After your accident, our legal team will help you explore whether you might have grounds to file a third-party liability claim.
Factors Used to Determine the Value of a Workers’ Compensation Claim in Massachusetts
When determining the value of a Workers’ Compensation claim, there are several factors that may be analyzed. For instance, any of the following may have an impact on your settlement:
Nature and Severity of Injury
The type and severity of your workplace injury play a significant role in assessing the value of your claim. More serious injuries that result in long-term disability, loss of bodily functions, or require extensive medical treatment, such as surgery, tend to command higher compensation amounts.
The medical treatment you require, including surgeries, hospital stays, rehabilitation, therapy, and prescription medications, are considered when determining the value of your claim. The costs of medical care are a central component of calculating your claim’s worth.
The extent of time you are unable to work due to your injury is a critical factor. Compensation for lost wages can include temporary total disability benefits (TTD) if you’re unable to work at all during your recovery, as well as partial disability benefits if your ability to work is reduced due to your injury.
If your injury results in permanent impairment or disability, the degree of impairment and its impact on your future earning capacity will influence the compensation amount. This assessment is often made based on medical evaluations and industry standards.
Average Weekly Wage
Your average weekly wage at the time of the injury is used to calculate the wage benefits you may be entitled to receive. This figure considers your pre-injury earnings and helps determine the level of compensation you’ll receive while recovering.
Should your injury render you unable to return to your previous job, vocational rehabilitation and retraining may be necessary to help you transition to a different role. The cost of such programs and their potential impact on your future employment prospects are considered when determining the value of your claim.
Disfigurement and Scarring
Visible scarring or disfigurement resulting from your injury can also influence the compensation value of your workers’ compensation claim. The extent and visibility of the scarring are evaluated to determine the additional compensation you may be entitled to. Scarring that has lasting aesthetic effects can affect your self-esteem and confidence, and the compensation acknowledges this aspect of the injury’s impact on your well-being.
Emotional distress, mental anguish, and psychological trauma resulting from the workplace injury might be considered in your claim’s value, especially if they affect your ability to work or overall quality of life.
If a third party (not your employer) was responsible for your injury, you might have grounds for a separate personal injury claim against that party. Any compensation received from a third-party liability claim can impact the overall value of your workers’ compensation claim.
Navigating the intricacies of the workers’ compensation process can be overwhelming, especially when considering the diverse factors involved in assessing the value of your claim. Having an experienced legal representation on your side is crucial to ensuring that all relevant factors are considered and accurately represented in your claim. Our legal team can provide expert advice and ultimately help you work towards securing the maximum amount of compensation available in your case.
Contact Our Workers’ Compensation Lawyers After Being Injured at Work in Massachusetts
If you suffered an on-the-job accident in Massachusetts, seek support from our experienced Cambridge Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan today at (617) 925-6407.