Michigan attorney talks about legal rights when an injured worker needs surgery.
We frequently get telephone calls from injured workers about a workers’ comp settlement after surgery in Michigan. Injured workers want to know if the insurance company is going to pay and what should be covered. Many prefer to settle and get medical treatment on their own terms. Here is some information about legal rights that every injured worker in Michigan should know.
If I need surgery after a workers’ comp settlement, who pays?
Michigan workers’ comp law requires that employers or their insurance companies pay for all medical treatment. This includes reasonable and necessary surgery for injuries sustained. Medical treatment is covered 100% and no co-pays or deductibles should be owed. Postoperative care should also be covered including wound care, prescription medications, skilled nursing, and physical therapy.
Many of our clients also require attendant care services for a period after their surgery. This is when family members are given money to help with activities of daily living. Family members can be paid for up to 56 hours each week and they are supposed to be paid the same as a professional.
Can I select my own surgeon under workers’ comp?
Injured employees have the right to select their own surgeon after 28 days from the start of medical care. Medical procedures are subject to a fee schedule so the cost should be the same. Watch out for insurance companies who want to select your surgeon to manipulate treatment and work restrictions.
Is it possible to receive a workers’ comp settlement after surgery?
Medical treatment under workers’ comp is a lifetime benefit. This means that insurance companies are on the hook for payment years after a surgery has been completed. Injured employees can trade their future medical benefits for a lump sum cash payment. This allows them freedom to do their own future medical treatment without interference or delay.
How much is a workers’ comp settlement after surgery?
The amount paid for a workers’ comp settlement is based upon future medical needs. Some injured workers reach maximum medical improvement (MMI) and will not need much in the way of future medical treatment. Other injured workers require yearly monitoring and more surgeries down the road. This is common for individuals who have undergone a joint replacement for their knee or shoulder. Individuals who have had lumbar or cervical fusion are likely to need additional surgery as the levels above and below can be impacted.
Is there an average workers’ comp settlement after surgery?
The average settlement amount for a workers’ comp case in 2018 was $57,859.15. Please remember that settlement value depends upon future medical needs, such as surgery and potential wage loss benefits. Speak with an experienced workers’ comp lawyer to find out about your own case.
Can having a lawyer increase the value of a workers’ comp settlement after surgery?
Insurance companies play games and do not offer top dollar to unrepresented individuals. They know it is impossible to win without assistance and make low-ball offers. Understanding legal issues is key to getting the highest offer possible. An experienced workers’ comp lawyer can increase the value of a settlement through medical and vocational experts. Attorney fees are limited to just 10% if no dispute exists and can easily be made up through a larger settlement.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.