Does Surgery Increase Your Workers’ Comp Settlement?

Q: Does Having Multiple Surgeries Increase My Workers’ Comp Settlement?

Yes, it can. Multiple surgeries generally indicate more severe or complex injuries, which typically result in higher medical costs, longer recovery, and greater long-term impairment. These factors usually increase the overall value of a settlement.

Does Surgery Increase Your Workers’ Comp Settlement?

If you were injured on the job and now face surgery, you might wonder: Does surgery increase workers’ comp settlement amounts? In many cases, it does. Surgery often means more severe injuries, longer recovery time, and greater medical expenses, all of which can raise the potential value of your claim.

However, every case is different. Let’s explore how surgery impacts your workers’ compensation settlement, what goes into the cost, and whether timing your surgery matters in Illinois.

Key Takeaways

Surgery often increases the value of a workers’ comp settlement due to higher medical costs, longer recovery, and potential permanent impairment.
The type and impact of surgery—including its effect on your ability to work—are major factors in calculating settlement amounts in Illinois.
Settling after surgery is usually wiser, since it gives you a full picture of future care needs and long-term effects on your health and employment.
Multiple surgeries can signal a more severe injury, resulting in higher compensation and stronger evidence for wage loss or disability benefits.
If surgery is denied or delayed, an attorney can fight for medical authorization and ensure your rights are protected through the claims process.
Lump-sum settlements are common after surgery, but you must fully understand what future rights and benefits you’re waiving before accepting an offer.

How Surgery Impacts Workers’ Compensation Settlements

Surgery is a strong indicator of the severity of an injury. Generally, the more serious and expensive your injury, the higher the settlement value. That said, Illinois law doesn’t guarantee a larger settlement just because you had surgery. It still depends on the type of surgery, its impact on your ability to work, and your recovery.

Here are a few ways surgery can affect your case:

Higher medical costs. Workers’ compensation covers surgeries and other treatments necessary for your recovery. These expenses play a direct role in the total value of your claim.
Longer recovery period. Surgery often results in more time off work, which can increase wage loss benefits.
Permanent impairment ratings. If your surgery results in permanent limitations or disability, your impairment rating could increase, significantly impacting settlement calculations.
Future medical care. If your surgery requires long-term treatment, physical therapy, or follow-up procedures, the settlement may account for those future medical expenses.

In essence, the more surgery affects your life and ability to work, the more it may increase your settlement amount.

Facing surgery after a work injury? Get answers about how it affects your benefits—start with a free case review.

What Goes into the Cost of Surgery?

Understanding the cost of surgery can help explain how it affects settlement negotiations. The price of a procedure varies widely depending on:

The complexity of the surgery (e.g., spinal fusion vs. arthroscopic knee repair);
Hospital or surgical center fees;
Anesthesia costs;
Post-operative care (rehab, medication, follow-up visits); and
Lost income during recovery.

Some surgeries can cost tens of thousands of dollars, and insurance carriers consider these costs when determining the amount to offer in a lump-sum settlement.

How Does Surgery Increase Workers’ Comp Settlement Amounts?

When surgery is required, your claim may be worth more for several reasons:

Demonstrates the seriousness of the injury. A recommendation or completion of surgery supports the argument that your injury is substantial.
Provides clear documentation. Surgical procedures create detailed medical records that can be used to justify ongoing disability or limitations.
Influences disability ratings. The Illinois Workers’ Compensation Commission considers permanent partial disability (PPD) ratings. Surgery can improve your rating, potentially leading to increased compensation.
Justifies extended wage loss benefits. Time off work due to surgery adds to your temporary total disability (TTD) benefits.

While surgery can strengthen your case, timing also plays a crucial role, which brings us to the following key question.

Should You Settle Before or After Surgery?

If your doctor recommends surgery, you may be tempted to settle your case early. However, in many situations, waiting until after the surgical procedure is more sensible.

Here’s why:

Settling too early might mean you don’t receive enough money to cover future care or complications;
Your recovery could impact your long-term work ability, which is a factor in disability and wage loss calculations; and
Post-surgery outcomes help determine whether your injury has resulted in a permanent impairment.

That said, some workers prefer to settle early to access funds quickly, especially if they don’t anticipate further treatment. This decision should be made carefully, ideally with the help of an experienced Naperville workers’ compensation lawyer.

What Happens If Surgery Is Delayed or Denied?

In Illinois, your employer’s insurance company may require an independent medical examination (IME) to verify the need for surgery. They may deny the procedure or delay authorization if they disagree with your doctor’s recommendation.

When this happens, an attorney can:

Help challenge the denial or delay,
Present evidence of medical necessity, and
Push to get your surgery approved as quickly as possible.

These disputes are common and often affect the timeline and value of your workers’ comp claim.

Frequently Asked Questions About Surgery and Workers’ Comp Settlements

Surgery is a significant decision, and when it’s tied to a workers’ compensation case, it can raise several complex questions. Below are answers to some of the most common concerns our clients in Naperville raise when surgery becomes part of their recovery.

Does Having Multiple Surgeries Increase My Workers’ Comp Settlement?

Multiple surgeries increase workers’ comp settlement value by indicating severe injuries, higher medical costs, longer recovery, and potential disability. These factors raise compensation due to their impact on earning ability and quality of life. Major surgeries or long-term care usually lead to larger settlements.

Should I Wait Until After Surgery to Settle My Workers’ Comp Case?

Often, yes. Waiting allows you to understand the full impact of your surgery on your work and life. Waiting leads to a more accurate and fair settlement that includes future care and disability if needed.

Can Surgery Lead to a Lump-Sum Settlement in Workers’ Comp Cases?

Absolutely. Many cases involving surgery are resolved through lump-sum settlements. These provide a one-time payment that covers medical bills, lost wages, and sometimes future expenses. It’s essential to fully understand what you’re giving up before accepting this type of settlement.

Talk to a Naperville Workers’ Compensation Attorney Today

If you still have questions about whether surgery increases a workers’ comp settlement, attorney Jason Marker is here to help. With over 25 years of experience and a reputation for compassionate, results-driven representation, Marker Law, LLC fights for injured workers throughout Naperville and across the state of Illinois.

Contact our office today to schedule your complimentary consultation and let us help you determine the best course of action for your workers’ compensation claim.