In North Carolina, like many other states, most workers’ comp claims eventually reach a settlement. A common question that arises is, “Does undergoing surgery increase the value of a workers comp settlement?” Let’s explore this in detail.
Understanding Workers’ Compensation in North Carolina
In North Carolina, the law stipulates that an employee can begin to receive weekly wage replacement payments from the workers’ compensation insurance company once the employee has been unable to work for 7 days due to an injury.
If the injured employee is unable to work for a total of 21 days, the law mandates that the employee be compensated for the initial 7 days of missed work.
The Role of Surgery in Workers’ Comp Settlements
The settlement for a workers’ compensation claim after surgery is usually between $40,000.00 to $325,000.00 or more. The potential worth of your case is dependent on numerous factors, including whether the surgery and any remaining medical bills were covered by the workers’ compensation insurer or another health care plan
Surgery plays a pivotal role in workers’ compensation settlements. Generally, severe injuries necessitating surgical intervention often lead to higher workers’ comp settlements. This is primarily due to the increased medical costs and the often extensive recovery periods associated with surgical procedures.
Influence of Surgery on Settlement Value
The influence of surgery on the value of a workers’ comp settlement can be considerable. Factors such as the cost of the surgery, the severity of the injury, and the impact on the worker’s ability to return to work can all influence the final settlement amount. However, each case is unique and the specifics of the workers’ comp policy also play a role in determining the final settlement amount.
Timing of Surgery
The scheduling of the surgical procedure can significantly influence the settlement value in workers’ compensation cases. Settlement offers are often lower prior to a diagnosis or recommendation for additional treatment, including surgery.
However, if a healthcare professional suggests surgery, it usually results in an increased initial settlement offer. On the other hand, if the surgery is successful and the injury improves before the settlement negotiations conclude, it could potentially decrease the final settlement amount.
Surgical Results
The results of the surgery can also influence the settlement value. If the surgery worsens your injury or causes further complications, it might increase the settlement. A successful surgery may change your medical condition. This may lead thereto that the type of care you require is different from your needs before or that you may return to work thus not incurring lost wages.
Type of Surgery
The type of surgery can also affect the settlement value. Depending on their intensity and the anticipated effect on your work capacity, certain surgical procedures may warrant a higher or lower settlement.
Types of Settlements in North Carolina
In North Carolina, workers’ compensation settlements come in several forms: compromise settlement agreements, settlements in terms of Form 26A, and Form 21 settlements.
Compromise Settlement Agreements
Often referred to as a “clincher,” this type of settlement represents a complete and final resolution of your workers’ compensation claim. Essentially, you agree to relinquish all rights to your workers’ compensation claim in return for a specific monetary amount.
Form 26A and Form 21 Settlements
If the insurance company accepts the disability rating, you can settle your claim by submitting an Employer’s Admission of Employee’s Right to Permanent Partial Disability Benefits (Form 26A). This will mean that the insurance company will make weekly payments until your claim has been settled.
The Importance of Legal Counsel
Given the complexities involved in workers’ compensation cases, it’s always advisable to consult with a knowledgeable workers’ compensation attorney to understand your rights and options. An experienced attorney can help you navigate the legal process, negotiate with the insurance company, and ensure that you receive the maximum compensation you are entitled to.
While surgery can potentially increase the value of a workers’ comp settlement, it’s important to remember that each case is unique. Factors such as the extent of the injury, the cost of the surgery, the impact on the worker’s ability to return to work, and the specifics of the workers’ comp policy all play a role in determining the final settlement amount.
Therefore, it’s always advisable to consult with a knowledgeable North Carolina workers’ compensation attorney to understand your rights and options. Contact us today 919-328-2336 to schedule a free consultation!
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