Michigan work injury lawyer discusses a workers’ comp settlement for elbow surgery.
Michigan workers’ comp law protects employees hurt on-the-job regardless of fault. It covers medical treatment, lost wages, and vocational rehabilitation. Many of our clients who suffer an elbow surgery want to know about settlement. This allows them freedom to do medical treatment and vocational rehabilitation on their own terms. It is a good option for someone who cannot go back their job and want a fresh start. Here is everything to know about workers’ comp settlement for elbow surgery in Michigan.
Elbow pain is often caused by overuse injuries. Many jobs require repetitive hand, wrist, or arm movements. These repetitive actions can cause a cumulative trauma. Employees can also suffer elbow injury from a specific event at work.
Common elbow injuries include ligament sprains, tears, dislocation, and fractures. Other diagnosis consists of cubital tunnel syndrome, ulnar nerve damage, bursitis, radial tunnel syndrome, tendinitis, epicondylitis. Surgery is often required to fix these problems and recovery can take months.
Determining value for your claim
A workers’ comp settlement for elbow surgery in Michigan is going to depend upon how much money the insurance company thinks it must payout in future benefits. Insurance companies look at medical needs and how long a person is expected to be off work. Insurance companies know the value of claims and they do not want to overpay.
We tell our clients that a good workers’ comp settlement for elbow surgery provides sufficient money to cover medical treatment and several years of wage loss benefits. Watch out for insurance companies who make low-ball settlements offers based upon so called “independent” medical examinations and biased vocational labor market surveys.
What is the average workers’ comp settlement for elbow surgery?
There isn’t a specified average workers’ comp settlement for elbow surgery in Michigan. Statistics published by the Workers’ Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $59,235.42 in 2020.
Many of our clients get more than average when medical and vocational evidence shows need. The money awarded from your claim can be used for any purpose including additional medical treatment, education, retraining, paying off debt, and/or retirement.
Factors to be aware of to ensure you are rightfully compensated
Many of our clients do not want to have multiple surgeries for their elbow. This is especially true when their doctor cannot guarantee results. The value of any surgery can be used to increase the payout amount awarded. It is a good idea to speak with a treating surgeon and find out what other medical treatment could be needed in the future. This does not just include surgery but other required items like physical therapy or pain management. This medical evidence can be used to negotiate a fair payout amount.
A workers’ comp settlement for elbow surgery in Michigan is also going to depend upon the weekly comp rate and how long a person is expected to be off work. Individuals on workers’ comp should receive 80% of their after-tax average weekly wage subject to a state-wide maximum. This includes money for overtime, discontinued fringe benefits, and even second jobs that can no longer be performed. It will be up to a doctor to establish work restrictions after elbow surgery. If the employer cannot accommodate work restrictions, wage loss benefits should be paid.
Disputed claims
Watch out for insurance companies who dispute claims based upon biased medical or vocational reports. This can dramatically lower the value of any payout amount because less money owed means less money paid to the victim. We recommend hiring an experienced lawyer to make sure legal rights are protected.
Hire an experienced work injury lawyer
We recommend hiring an experienced work injury lawyer in Michigan to ensure you get a fair payout amount. 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. Contact us today for a free consultation.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.
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