Michigan attorney talks about legal rights when an injured worker needs surgery.
We frequently get telephone calls from people who are wondering about a workers’ comp settlement after surgery in Michigan. Injured workers want to know if the insurance company is going to keep paying and what should be covered. Many prefer to settle and get additional 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 injury, 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 copays 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 medical providers to manipulate treatment and work restrictions.
Is it possible to receive a 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 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 in Michigan?
In Michigan, the amount paid for a workers’ comp settlement after surgery is based upon future medical needs. Statistics published by the Workers’ Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $62,315.56 in 2022. Having an experiened attorney on your side can help ensure you will get the maximum settlement possible which can result in payout that is more than the average settlement amount.
When determining a settlement amount, insurance companies look at their “exposure” and calculate how much is appropriate to be paid. It is a business decision for them so make sure your medical records are complete and future medical has been addressed by your doctor.
Some injured workers reach maximum medical improvement (MMI) and will not need much in the way of future medical treatment. Other injured workers require monitoring and additional surgery 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 more surgery as the levels above and below can be impacted.
Is there an average workers’ comp settlement after surgery?
In Michigan, there isn’t a specified average workers’ comp settlement amount for a settlement after surgery. Statistics published by the Workers’ Disability Compensation Agency show the average settlement amount for any work-related injury in Michigan was $62,315.56 in 2022. Settlement depends upon insurance company exposure. We have obtained much more when evidence supports need for medical treatment and disability. 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 for you to win without assistance and make low-ball offers. Understanding legal issues is key to getting the highest offer. An experienced workers’ comp lawyer can increase the value of a settlement that includes surgery. Attorney fees are limited to just 15% if no dispute exists and can easily be made up through a larger offer.
Have questions about a workers’ comp settlement after surgery? Call our attorneys now for a free consultation!
If you or a loved one was injured on the job in Michigan have questions about a workers’ comp settlement after surgery, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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