How Surgery Affects Your Workers' Comp Settlement

When you're injured on the job, workers' compensation is there to help. But what if you have surgery? Will that affect your workers' compensation settlement? In this article, we'll explore the effects of surgery on your workers' comp claim and answer some common questions about the process.

What is workers' compensation and how does it work?

Workers' compensation is a system in the United States that provides benefits to injured workers who are hurt or become ill as a result of their job. The program is usually administered by state governments as part of social welfare programs. Workers' compensation can provide medical benefits, income replacement, and death benefits to workers who are injured or become ill as a result of their job.

The workers' compensation process usually starts with the worker filing a claim with their employer. Remember, the first step to getting worker's compensation is reporting your injury. The employer then has to report the claim to the workers' compensation board in the state where the injury occurred.

The workers' comp board will then investigate the claim and decide if it is valid. If the claim is valid, the workers' comp board will start paying benefits to the worker.

Workers' compensation insurance is typically mandatory in most jurisdictions, meaning employers must provide coverage for their injured employees. One of the main benefits of workers' comp insurance is that it can help workers pay for medical expenses from their work related injury or illness. This can help workers get the medical care they need to recover and return to work.

What happens if you have surgery while receiving workers' compensation benefits?

If you are injured on the job and receive workers' compensation benefits, you may be required to have surgery as part of your treatment. If you undergo surgery while still receiving workers' compensation benefits, there may be a settlement agreement between you and your employer.

The terms of the settlement will vary depending on the situation, and depend on these factors:

  • Lost wages

  • Medical treatment expenses

  • Pain and suffering

You should ensure that surgery costs are included in your compensation because it meets the qualifications for all three types of compensation. Surgeries not only raise your medical expenses, but they can also lead to pain and mental anguish while taking potentially substantial time off work for recovery.

We think it is important that you be able to return to your normal routine as quickly as possible, and we strive to make things easier for our clients. However, receiving the compensation you deserve to assist you in moving on may not always be as simple as it appears.

Permanent injuries

A permanent injury, also known as a long-term injury, is one that has caused long-lasting or permanent damage, which can have a significant impact on your compensation. These sorts of problems include scarring and back pains, among other things. This also covers injuries that necessitate lengthy medical therapy, such as operations.

If your medical professional finds that surgery or a series of operations is the best way to treat your residual damage and determines that they are necessary, you and a workers' comp specialist should consider pursuing a settlement that takes those expenses into account.

Please note that a higher settlement amount, while helpful, should not be your main goal for getting surgery. The point of surgery, if recommended and approved by your medical professional, is to help you recover in the best way possible

How a workers' compensation attorney can help

Just as a medical professional can help you recover in the most efficient manner possible when it comes to your body and the healing process after an injury, a workers' compensation attorney can help you with the entire claim process including if you need surgery.

It might be hard to handle the insurance company on your own, especially if you're looking for compensation for hefty medical expenditures that include operations. It is an insurer's responsibility to look out for their own interests. You require a trustworthy specialist who will protect your rights and ensure you get the benefits you deserve.

Your attorney will assume responsibility for all of the insurance company interactions on your behalf, while simultaneously ensuring that your rights are protected. They know exactly what evidence to gather in order to strengthen the most powerful claim for maximum compensation, including any surgical expenses.

Similarly, if you have any questions or concerns throughout the entire claims and settlement process, your team of workers' comp specialists can address those issues. This can help ease your worries and give you some much-needed peace of mind after being injured on the job.

When it comes to workers' compensation settlements, any surgery an employee has undergone can affect the amount of money they receive. This is because workers' compensation insurance companies take into account the medical expenses and lost wages associated with surgery when calculating a settlement offer.

If you are considering having surgery, be sure to speak with your workers' compensation lawyer beforehand to understand how the procedure may impact your case. If you have been injured from an on-the-job accident, seek a free consultation with the team of worker's compensation specialists at Cole, Fisher, Cole, O’Keefe + Mahoney.


Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.

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Fresno, CA 93721



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Making a false or fraudulent workers’ compensation claim is a felony subject to up to five years in prison, or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.