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Workers Comp Settlement Before or After Surgery?

Here are some key considerations to make an informed decision about whether or not to accept a workers’ compensation settlement before or after surgery.

injured worker discussing settlement with their attorney

Unfortunately, your workplace accident could be so severe that you need surgery to address your injuries. This can be a very stressful time as you may be worried about returning to work, supporting your family, and paying medical bills. Understanding the stress you are under, your employer’s workers’ comp insurer may offer you a settlement. It’s important to understand that their motivation is to save money and close your case as quickly as possible.

Here are some key considerations for each option so you can make an informed decision about whether or not to accept a workers’ compensation settlement before or after surgery.

Accepting a Settlement Before Surgery

As often happens after a workplace accident, the workers’ comp insurance company will want to settle your case quickly and for as little money as possible. They may offer you a lump sum settlement before you have even seen a doctor or had time to fully understand the extent of your injuries.

While it may be tempting to accept an early settlement offer, there are downsides that you should consider. Once you accept a settlement, you are generally not able to go back and ask for more money, even if your injuries turn out to be more severe than you initially thought.

You also may not know the full cost of your surgery or how long your recovery will take. If you end up needing more surgery or have a longer recovery than expected, you may find yourself struggling to pay your medical bills.

Accepting a Settlement After Surgery

After surgery, you’ll have a better idea of the medical treatment you will need and how long your recovery will take. This can give you more leverage when negotiating a settlement with the workers’ compensation insurance company.

However, there are still some important considerations to keep in mind before accepting any settlement offer. For example, you’ll need to ensure that the settlement will cover all your future medical expenses related to the accident.

You should also consider whether you can return to work and support yourself and your family. If you cannot return to work, you may want to wait until you can get a better idea of your long-term disability benefits before accepting a settlement.

Deciding on a Settlement

The decision of whether to accept a settlement before or after surgery is complex and depends on many factors. You should always consult with an experienced workers’ compensation attorney to get advice on your specific case.

The St. Loius workers comp attorneys at the Law Office of James M. Hoffman have over 30 years of experience helping injured workers in Missouri get the compensation they deserve. We can help you understand your rights and options so you can make the best decision for yourself and your family. Contact us today for a free consultation.

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Updated: October 25, 2022