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What Is the Average Workers’ Comp Settlement for Surgery Cases?

In North Carolina, the average workers’ comp settlement for surgery cases can vary significantly based on the nature and extent of the injury, the required medical treatment, and the duration of recovery. Major surgery settlements can range from tens of thousands to several hundred thousand dollars.

Our workers’ compensation attorneys are here to help you navigate the aftermath of a workplace injury. Discuss your case with a member of our team to learn your legal options and the steps to take to receive compensation.

Does Surgery Increase Workers’ Compensation Settlements in NC?

A woman working in a warehouse who suffered an on-the-job injury.

Yes, surgery can increase workers’ compensation settlements in North Carolina. The need for surgery often indicates a severe injury, which typically leads to higher medical expenses and longer recovery times. According to NCGS § 97-25, workers are entitled to compensation for all necessary medical treatments, including surgery. The increased medical costs, combined with potential long-term effects on the worker’s ability to perform their job, generally result in higher settlement amounts.

What Will Your Settlement Cover?

A workers’ compensation settlement in North Carolina aims to cover various costs associated with the injury. These often include:

  • Medical Expenses: All reasonable and necessary medical treatments related to the injury.
  • Lost Wages: Compensation for lost income during recovery, typically two-thirds of the worker’s average weekly wage.
  • Permanent Disability Benefits: Payments for any lasting impairment or loss of bodily function.
  • Vocational Rehabilitation: Assistance for workers who need to be retrained for a new job due to their injury.

While your specific settlement amount depends on the details of your case, a skilled attorney can estimate what your case could be worth, based on your case specifics and the results they’ve won for similar cases in the past.

Factors That Influence Your Settlement Amount

A man at the doctor after an on-the-job injury.

Several factors influence the amount of a workers’ compensation settlement in North Carolina, including:

  • Severity of the Injury: More severe injuries usually result in higher settlements.
  • Type of Surgery Required: Complex surgeries often lead to higher medical costs, which often equate to larger settlement amounts.
  • Recovery Time: Longer recovery periods can increase lost wages and the need for compensation.
  • Impairment Rating: The degree of permanent disability dictates the level of ongoing care required, and the respective settlement amount.

Pre-existing Conditions: You typically cannot get compensation for an injury or condition that existed prior to your workplace accident.

How To Get the Most Compensation From a Workers’ Comp Claim

To maximize your workers’ compensation settlement in North Carolina, consider the following steps:

  • Report the Injury Promptly: Notify your employer of your injury immediately following the accident.
  • Seek Medical Attention: Get treated by an approved physician and follow their recommendations. Medical documentation plays an important role in validating your claim.
  • Document Everything: Keep detailed records of your injury, treatment, expenses, and communications.
  • Hire an Experienced Attorney: Legal representation can significantly increase your settlement. Skilled attorneys can negotiate higher settlements by ensuring all entitled benefits are claimed.

Workers’ Compensation FAQs

A lump sum settlement is a one-time payment made to the injured worker to settle the claim fully. This type of settlement allows the worker to receive all future benefits upfront rather than in periodic payments.

In North Carolina, the value of a body part in a workers’ compensation claim is determined by the impairment rating and the scheduled benefits outlined in NCGS § 97-31. Typically, injuries to the back, brain, or loss of vision can result in the highest compensation due to their significant impact on a worker’s ability to earn wages.

A lump sum settlement is a one-time payment made to the injured worker to settle the claim fully. This type of settlement allows the worker to receive all future benefits upfront rather than in periodic payments.

Maximize Your Settlement With the Help of Our Worker’s Comp Attorneys

Maximizing your workers’ compensation settlement requires experience and thorough knowledge of North Carolina’s laws. Our experienced workers’ comp attorneys can guide you through the entire process, ensuring all necessary documentation is provided and all entitled benefits are claimed. By working with us, you can focus on your recovery while we handle the complexities of your claim, striving to secure the highest possible compensation for your injuries.