Ryan Zavodnick | March 5, 2025 | Workers' Compensation
If you are injured at work, you are likely entitled to benefits through workers’ compensation. Some injured workers may need surgery as part of their treatment plan. Surgery may increase a workers’ compensation settlement, but surgery does not automatically entitle you to more money. Many factors impact the amount of a workers’ compensation settlement in Pennsylvania.
Workers’ Compensation Work in Pennsylvania
Most Pennsylvania employers are required to provide workers’ compensation insurance for their employees. If you are injured at work, workers’ compensation pays for reasonable and necessary medical care, which could include surgery.
It also pays employees a portion of their lost wages if they are unable to work during their recovery period. Temporary disability benefits equal about two-thirds of your average weekly wages before your workplace accident. When your doctor releases you to return to work, your temporary disability payments end.
What Is Included in a Workers’ Compensation Settlement?
If you sustain a permanent impairment because of a work-related injury, you may receive additional benefits. If your impairment results in total disability, you may receive permanent disability payments. These payments are two-thirds of your average weekly wages.
If you sustain a partial impairment, the workers’ comp insurance provider may negotiate a settlement. An impairment rating will be assigned to you based on the type and severity of the disability you’ve sustained. The workers’ comp insurance company may require you to attend an independent medical examination (IME) as well.
The workers’ comp statute assigns a number of weeks to a specific loss or injury. That is the value of your impairment. Negotiating a workers’ comp settlement involves other issues as well. For example, will you require ongoing medical treatment or future surgeries? If so, your attorney may negotiate for a higher settlement amount.
Negotiating a workers’ comp settlement can be a complicated process. The insurance company will try to negotiate a lower settlement amount. An experienced workers’ comp lawyer understands the law and how various factors may impact the value of a workers’ comp claim.
Do I Need To Get Approval Before Having Surgery While on Workers’ Compensation?
If an authorized doctor recommends surgery, workers’ comp should cover the cost. However, the insurance company may not approve the surgery for various reasons. The company may want to use less invasive and less costly treatments. They may ask your doctor to try physical therapy and medications to see if they work.
Unfortunately, alternative treatments may not work. Delays in obtaining surgery could make your condition worse. If you believe the insurance company is unjustly denying a surgical procedure, you can appeal the decision.
Workers’ comp may not cover your surgery if you have surgery that your doctor did not recommend. The insurance company may deny experimental procedures and surgeries unrelated to your work injuries.
If you have not yet retained legal counsel, it may be time to hire a lawyer. An attorney can help you fight the insurance company to obtain the surgery you need for your work injury.
Does Surgery Increase My Workers’ Compensation Settlement?
Numerous factors impact the amount of a workers’ comp settlement. Factors include, but are not limited to:
- The nature and severity of your injuries
- Whether an impairment is temporary or permanent
- The type and severity of an impairment or disability
- How an impairment impacts your ability to work and your earning capacity
- The body part impacted by the impairment
- The anticipated costs of future medical and/or personal care, including future surgeries
A surgery could increase the value of a workers’ compensation settlement. The need for surgery often indicates a severe injury that could result in a permanent impairment.
Whether the surgery is successful is a significant factor. If the surgery is successful, you may not have a permanent impairment, or you may have a minor impairment. Therefore, your settlement may not be as large. If the surgery is not successful, your settlement could increase because your impairment may be worse.
A knowledgeable workers’ compensation attorney can determine how surgery impacts your workers’ compensation settlement, including a fair amount for settlement based on the factors in your case.
Workers’ compensation claims can be complicated. Employers and workers’ compensation insurance companies do not always treat injured workers fairly.
Call today for a free consultation with a workers’ compensation lawyer. You can also find answers to your questions in this free guide to Pennsylvania workers’ compensation.
Contact Our Product Liability Law Firm in Philadelphia Today To Get Help With Your Case
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.
