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Average Workers’ Comp Settlement for Surgery in New York

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In New York, workers' compensation serves as a safety net for workers who suffer injuries or illnesses directly related to their job duties. This system aims to provide financial support and medical care to those unable to work due to work-related conditions. It ensures that they don’t bear the burden of medical expenses or lost wages on their own. 

One key benefit of workers’ compensation is coverage for surgery. Such surgeries can range from simple, minimally invasive operations to complex procedures requiring extensive recovery time. If you’re undergoing surgery due to a work-related injury or health condition, it’s important to know what to expect. Speak to an experienced New York workers’ compensation lawyer to learn about your rights and options.

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While many work-related injuries and health conditions can heal without surgery, some require it. Surgery is typically needed for bone fractures, torn ligaments, traumatic brain injuries, serious spinal injuries, severe burns, and deep lacerations. Here are some common types of surgeries associated with workplace injuries:

  • Orthopedic surgery: This is common for injuries involving bones, joints, muscles, tendons, and ligaments. Procedures can include the repair of fractures, joint replacements (such as hip or knee replacements), arthroscopy for joint injuries, and surgeries for herniated discs.
  • Hand surgery: Injuries to the hands and wrists are common in workplaces, especially those requiring repetitive motions. Surgeries may include carpal tunnel release, fracture repair, and tendon or nerve reconstruction.
  • Spinal surgery: Work-related back injuries might require spinal surgeries, such as discectomy, spinal fusion, or laminectomy.
  • Burn surgery: Severe workplace burns might require surgery. This often includes skin grafts or reconstructive surgery to improve function and appearance after burn injuries.
  • Plastic and reconstructive surgery: For disfigurement or loss of function caused by severe cuts or amputations, plastic and reconstructive surgeries can help restore appearance and functionality.
  • Amputation and prosthetic surgery: Some severe injuries might require the amputation of a limb or part of it. Surgery can prepare the site for fitting a prosthetic limb.
  • Eye surgery: Eye injuries may require surgeries such as corneal transplants, repair of retinal detachments, or removal of foreign objects from the eye.
  • ENT (Ear, Nose, and Throat) surgery: This includes surgeries for hearing loss due to workplace noise exposure, nasal surgeries for injuries or chronic conditions exacerbated by your work environment, and throat surgeries related to inhalation injuries.

The average workers' compensation settlement for surgery in New York ranges from a few thousand dollars to hundreds of thousands of dollars. The actual settlement amount typically depends on the type of surgery and the extent of your injury.

To find out how much money you’re eligible for, speak to an experienced New York workers’ compensation lawyer. They can accurately factor in your current and future losses, and advocate for fair and timely compensation while you recover.

When determining how much money you’re eligible for in workers’ comp benefits, an attorney will calculate the following:

  • Type of surgery and associated costs: More invasive procedures requiring longer recovery times usually result in higher settlement amounts.
  • Recovery time and long-term effects: An extended recovery time will likely impact your ability to return to work and incur additional costs, which can contribute to a higher settlement amount.
  • Employment impact: An attorney may consider whether you can return to your previous job at the same pay rate or if you’re forced into a lower-paying role or unable to work altogether.

To qualify for workers’ compensation, your injury or health condition must be directly related to your job duties or work environment. You’ll also need to report the injury, health condition, or work accident to your employer within 30 days. Include specific details such as the date, time, and location of the accident, as well as the nature of your condition.

Be sure to seek medical attention as soon as possible and let the doctor know that your condition is work-related. Also, attend all medical appointments and adhere to your doctor’s advice.

Once you’ve notified your employer and sought medical attention, you’ll need to fill out Form C-3 and send it to the New York Workers’ Compensation Board. While you have two years to do this, it’s best to act fast if you want to expedite your claim.

Any errors on your application can result in your benefits being denied or delayed. Get help from an experienced New York workers’ compensation attorney beforehand. They can ensure that all information on your application is accurate and your claim is properly filed.

Finding the right attorney to handle your workers’ compensation case is simple. Just fill out the contact form below and a lawyer will get back to you for the next steps.

Don’t worry about the cost of hiring an attorney; you have nothing to lose. New York workers’ compensation lawyers operate on a contingency fee basis, so you don’t pay anything out-of-pocket. They only take a certain percentage of your compensation if you’re fully compensated.

To take your claim seriously from the start, contact a workers’ compensation attorney in New York to set up your free initial consultation. They’ll answer any questions you have and go over your legal options with you.

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