What Is the Average Workers’ Comp Settlement for Surgery?

Injured workers should have a realistic idea of what kind of financial compensation they might expect if they need surgery for work-related injuries. This helps them manage expectations and plan for their future medical needs. Unfortunately, there is no set amount for workers’ compensation settlements, but the figure depends on the unique circumstances of each case.

At Burger Law, our St. Louis workers’ comp lawyers have handled many claims for those seeking workers comp for various serious injuries. If you have a work injury and require surgery, a lawyer can help you with a reasonable calculation of your potential settlement.

Read on to learn what goes into workers’ comp settlement for surgery and the value of an attorney in handling the claim.

How to Calculate Workers’ Comp Settlement for Surgery

Calculating a workers’ compensation settlement for surgery involves assessing various factors to arrive at a fair amount. Here are the factors that determine the actual figure:

Injury Magnitude

The extent of the injury plays a key role in determining worker’s compensation. More severe injuries generally lead to higher settlements due to longer recovery times and more extensive treatment costs. For instance, if the injury results in permanent disability, the settlement amount can significantly increase.

Medical Costs (Current and Future)

All costs associated with the surgery, including hospital stays, anesthesia, surgeon fees and any post-surgical care, are factored in when determining the settlement amount. The calculation will also include physical therapy, occupational therapy and any anticipated future medical expenses related to the injury.

Lost Income

Your workers’ compensation lawyer will take the lost wages to determine the damages to seek. They will consider either the temporary disability, permanent disability, or need for vocational rehabilitation costs associated with retraining or finding new employment if the injured worker cannot return to their previous job.

Because every case is different, it’s highly advisable to get a lawyer on your side before you file. With a workers’ compensation lawyer by your side, you’ll know your legal rights and options, as well as the possible compensation.

How Long Do I Have to File a Workers’ Comp Claim?

In Missouri, you must report your injury to your employer within 30 days of the accident or the date you became aware that your injury or condition was work-related. This report should be in writing and include the date, time and nature of the injury.

After making the report with your employer, you have two years from the date of the injury to file a formal workers’ compensation claim with the Missouri Division of Workers’ Compensation. This deadline can be extended if your employer fails to file an injury report with the Division.

Contact Burger Law for Assistance from a St. Louis Workers’ Comp Attorneys

If you are handling a workers’ compensation claim for surgery, it is important to have trusted legal guidance. We will not only help you assess your claim value but also ensure you do not accept less than you deserve. Our workers’ compensation lawyers at Burger Law have the resources to manage your case from start to finish. Call us today at 1-314-542-2222 for a free case evaluation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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