Will Surgery Increase a Workers' Compensation Settlement?

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Many people have questions about how surgery affects their workers' compensation case. Does the fact that your doctor recommends surgery increase the amount of a workers' compensation settlement? Georgia workers' compensation attorney Jason Perkins discusses why a recommendation for surgery from your doctor does not always affect settlement and some of the things to consider in this episode of the Georgia Workers' Compensation Video Series.

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20 июн 2024

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Комментарии : 37

@personalinjuryshow Год назад

Excellent information, thanks for sharing.

@GeorgiaWorkersCompLawyer Год назад

Glad it was helpful!

@chrischerry9598 Год назад

I was injured at work March 14 2022 I tore both meniscus in my right knee I been to multiple therapy sessions and my doctor just requested surgery is my case worth anything?

@renee1484 Год назад

Indemnity Payments not issued yet means? This is wat said on my insurer workers compensation page

@renee1484 Год назад

Hello, having surgery will my settlement talks change? My injury was my forearm but my median nerve is infected by getting hit in forearm injury. This surgery is a need due oxygen in nerve an could infected my mobility, can become permanent

@johnhouston635 Год назад

Great video. Very insightful. I have had a lumbar surgery and I am getting a level 2 cervical fusion in January but my depo is coming in a week for my worker's comp case. My worker's comp attorney asked if I wanted to end this soon meaning when they want to mediate wich were sure they will being that I was rear ended by a semi, and it's on camera. Do you think it's smart to settle before I have my next surgery? I'm getting it no matter I just wanted to have at least a year to recover from having my l4, l5, and s1 worked on. This has been going on for a few years. Me and my family have gone threw the ringer. We went from a four bedroom house to a two bedroom apt. My wife is taking care of me and most of the bills wich isn't fair to her because I can't work like this. We need a financial breakthrough. I feel like I need to do something to help her help us so I'm thinking I should settle this part of my settle now. I have the semi and co. my other attorneys are going after and it's going to take some year's. There's millions in coverage so you know they'll fight me until the end. I feel financially cornered. If I don't settle and do something we are in for a dog fight to survive and to make matters worse I have small kids at home along for the ride. I just don't know what to do. I'm tired of the whole situation. I wish none of this ever happened. My life has really changed. It's upsetting to not be able to take care of us.

@GeorgiaWorkersCompLawyer Год назад

Thank you so much for your question. I am really sorry to hear that you are going through all of this. Workers' compensation makes it very difficult to even get by. I would recommend speaking with your attorney about the pros and cons of settling now versus waiting until later. One concern I would have is what condition you are going to be in after the cervical fusion. Hopefully, it goes very well for you but that is a significant surgery and I have known people who have not ended up having good results. One risk of settlement before having the surgery is that you cannot undo the settlement if the surgery does not go well. Hopefully, this is helpful. Again, I am so sorry you are going through this and hope you get feeling much better soon.

@bettymiranda4267 10 месяцев назад

Is really necessary go to neck surgery ask for second opinions yes for you .I hope you no need it . something doctor see you as meat business they do ther job wherever happen after.. you will know if you can life without that surgery you can do it in the future when you will not have another option maybe with your another insurance .focus in your body what they are doing it to you and be careful do not believe everything they said listen to your body for a moment and pray to God he will guide you he will put people that will help you..aGod give you straight and wisdom and your familia peace and love. Be nice with your family love them do not loose hope keep seeing Jesus to keep your family together and stronger. Be so to them appreciation to be with you on all this storm. Read the bible John..that give me comfort..keep loving we no need a physical body to do that. That marriage to be in the good times and the bad times and love to each other..no worries about the home you can have another one in the future...focus on your t Body and main and keep your relationship strong 💪 and talk with the Lord take your family to him to and you will be fine do..do the things that you can do with your family spend time. Communication talk. Keep living focus ant the things that you can do and enjoy it and find the way to keep your family loving you. You can. God bless your home..yourbhome is your family and God over it.

@tiffanylee6475 Год назад

The QME doctor and my orthopedic surgeon recommended surgery for foot and ankle pain. Accumulative stress on both feet. I am limited in physical activity. I don’t know what would be best.

@GeorgiaWorkersCompLawyer Год назад

Thank you for your comment. I am sorry to hear that you are going through this. A doctor would be best to tell you about what the pros and cons of surgery are. If you have questions about whether having the surgery or settling yoru case would be best, it would probably be best to talk with the doctor and a workers' compensation attorney as well. Is your workers' compensation claim in Georgia or another state?

@briantargosz3534 3 года назад

Question what is the likeliness That id be forced to go back to heavy construction work after single level front and back fusion and hip surgery from a job related acident ?

@GeorgiaWorkersCompLawyer 2 года назад

Thank you for your question. People respond differently to surgery. I can tell you that most people I have known who have a lumbar fusion do not end up able to go back to heavy duty construction work.

@shakitajohnson2026 2 года назад

What about semi driving?

@johnhouston635 Год назад

I had my l4, l5, and s1 fused. Level 2. I'm a year post surgery. February of this coming year I'm getting a cervical level 2 fusion. A year post man I'm not the same. I wouldn't risk hurting yourself again. Imagine getting another surgery on your lumbar. All that pain. I hope the best for you. Also this was a very insightful video

@renee1484 Год назад

Indemnity Payments means? Seeing this on payment column

@MMAGUY13 Год назад

You always answer questions because you are very kind that’s just your nature so I’m gonna try to ask a question I’m in New York I have a Workmen’s Compensation lien on a lawsuit that I have but we have the made whole doctrine so isn’t it true I have to be compensated for all of my damages before Workmen’s Compensation can collect their lien? I looked at the law in New York it’s black and white it says the insurance company cannot collect until you receive all the money back for your damages I already had one surgery last week I need two more the guys car insurance is very limited I have million dollar damage so I don’t have to pay back Workmen’s Compensation am I correct? I would really appreciate your comment

@GeorgiaWorkersCompLawyer Год назад

Thank you for your question. Unfortunately, it is very difficult to answer questions about the laws in other states because the exact language makes a real difference as well as how the courts have interpreted the laws. I would recommend reaching out to a New York workers' compensation attorney to get answers. If you do not know of one, I know an attorney who specializes in New York workers' compensation cases that I could recommend. Please just call our office at 770-214-8885 if you need that information.

@MMAGUY13 Год назад

@@GeorgiaWorkersCompLawyer Thank you for answering I read the statute myself it seems clear it says if you have not received all your damages back, the insurance company doesn’t get paid it’s not a very long statute it just seems simple when my third-party lawsuit is settled then I worry about Workmen’s Compensation I wish you were my Workmen’s Compensation lawyer in New York. I would really feel comfortable with you handling my case I have so much fear I had a good job a truck crashed into me ruined my life. I had one surgery. I got two more and I’m gonna be filing for Social Security disability because I’m in pain 24 hours a day and I hope it works out that I have enough to live on but I just don’t know what’s going to happen insurance company constantly trying to throw me off Workmen’s Comp. and it feels like the system is made for them and that for the injured worker and if you know a good New York, Workmen’s Compensation lawyer, I would gladly take his phone number. I need somebody good.

@christreadway623 2 года назад

I was injured at work on April 15 2021 my injury wad right hand thumb area it has been determined that surgery is required. The surgery will be fusion of right thumb. How much is that worth

@GeorgiaWorkersCompLawyer 2 года назад

Thank you for your question. I am sorry to hear about your injury. The settlement value of your workers' compensation case will depend on several different factors. This article provides some detailed information about many of the things you need to consider when thinking about settling a Georgia workers' compensation case: perkinslawtalk.com/blog/settlement-of-a-georgia-workers-compensation-case/

@jacquesngatou8701 2 года назад

In 2020 I was struck by a drunk driver in DC , while picking up a Lyft customer , I went through more than 20 surgeries , did I deserved a work compensation ? Please help me .

@GeorgiaWorkersCompLawyer 2 года назад

Thank you for your question. I am so sorry to hear about your injuries. Different states have different rules about whether Lyft drivers are covered by workers' compensation. Have you reached out to a workers' compensation attorney in DC to find out if you may be covered? If not, please feel free to call our office at 770-214-8885 and we could try to help put you in touch with an attorney in that area to see if they could help you.

@jacquesngatou8701 2 года назад

@@GeorgiaWorkersCompLawyer thanks so much

@4GetVegas Год назад

Not being able to do hard labor work anymore because of a workplace Injury increase settlement case?

@GeorgiaWorkersCompLawyer 10 месяцев назад

Your ability to return to work can definitely affect the amount of a workers' compensation settlement. In a Georgia workers' compensation case, settlements have to be negotiated so the amount of the settlement ultimately depends on what the workers' compensation insurance company can be convinced to pay.

@jacobmcdonald6567 Год назад

In may 2020 I herniated the L4&L5 disc had surgeory and only got 20k was this fair

@GeorgiaWorkersCompLawyer Год назад

Thank you for your question. Do you know if the 20k you received was a settlement or payment for a permanent partial disability rating?

@jacobmcdonald6567 Год назад

@@GeorgiaWorkersCompLawyer settelment

@jacobmcdonald6567 Год назад

@@GeorgiaWorkersCompLawyer but I still have complications

@jacobmcdonald6567 Год назад

@@GeorgiaWorkersCompLawyer well it was calculated based on the injury so both I think either way I'm still in pain and can't find a suitible job that fits my accomadations what sould I do

@alwo3678 Год назад

Workers comp doesn’t pay pain and suffering?

@ForgottenVoices22 Год назад

@GeorgiaWorkersCompLawyer Год назад

Unfortunately, it does not. The closest it gets to paying for pain and suffering is a payment made for permanent impairment called permanent partial disability.

@bothropsatrox7234 Год назад

Hello mr Perkins I been injured since 2019. First year. Lots of therapy for my shoulder wrist and lower back. After that year of therapy. Dr. Recommend lumbar disectomy. Wc. Approved. But they cut the therapy for my shoulder and wrist. Dr. Recommend surgery for my shoulder. But wc. Never approved. So after getting the lumbar disectomy. That didn't work for me. Last year I get fusion surgery on the L-4 L-5. Now that surgery helped me a lot. But I'm still on pain. Now workers compensation want to settle my case. The Dr. For my shoulder and wrist give me 20% disability for my shoulder and 10% permanent disability for my wrist and workers compensation agreed to pay for that but how bout my back. The Dr. Say the MRI and scans looks good but I'm still on pain. Now dr. Wamt me to get more injections on my back for my pain. But idk if that a good idea. Any way. How much you think my case is worth? Thank you sir and have a great day

@GeorgiaWorkersCompLawyer Год назад

Thank you for your question. I am sorry to hear about your injuries. It sounds like you have been through a lot. Settlement value is very difficult to calculate because it depends on a number of different factors including what restrictions you still have from your injury, whether you will be able to return to work, how much you draw in wage loss benefits per week, how long it has been since your injury, etc. PPD ratings are also a factor. Since you had a lumbar fusion, I expect that you should receive a PPD rating in the range of 20% for your back under the 5th Edition of the AMA Guides to the Evaluation of Permanent Impairment which is the book that Georgia workers' compensation law requires doctors to use. With the injuries you have had, I expect it could be very difficult for you to get back to work after settlement. If you do not already have an attorney representing you in your case, I would recommend speaking to one and going over all these different factors before making a decision about if you should settle your case and what you should settle for. If you would like to discuss settlement with me, I am happy to provide a free consultation to do that. You can set that up by calling my office at 770-214-8885 or completing the free consultation request form at www.PerkinsLawTalk.com.

@renee1484 Год назад

@GeorgiaWorkersCompLawyer Год назад

Thank you for your question. I am sorry to hear about your injury. Any change in your case, including surgery, can affect settlement talks since they are determined in large part by how much your case is likely to cost the insurance company in the future. I hope that your surgery goes well and that you are feeling much better soon. If you have any other questions, please feel free to call my office at 770-214-8885 or visit our firm's website at www.PerkinsLawTalk.com.