Legal Question in Workers Comp in Florida

If you are injured at work and as result of the

Injury you need a operation does this help you recover

More money.

Asked on 10/08/12, 9:33 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Not necessarily. W/C injuries provide for replacement of lost income up to 2/3 of your average weekly wage and medical expenses to help you recover. These benefits are to be timely paid to help you get back to gainful employment. W/C dont have to be settled, ever. They can go on for the rest of your life. Having surgery to help you recover should technically limit future possible care and thereby reduce the need for other medical treatment. Seek legal help to discuss your case in detail.

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Answered on 10/08/12, 9:48 am
Cory Schnepper Levine, Busch & Schnepper, P.A.

There is no correct answer to this question. Having surgery, in a compensation case, unlike a personal injury case, is governed by different rules, and having undergone a surgical procedure in a compensation case does not automatically result in your getting more money. Having the surgery may, or may not, result in your getting more money. After the surgery, while you are recovering, you ought to receive compensation while you are out of work, which could be considered more money than if you do not have the surgery. If you recover well from the surgery, you might end up having less permanent problems, which would mean less money overall. If you do not have a good result from the surgery, you may be eligible for more compensation. Thus, the answer to your question is "It depends..." I would consider consulting with a compensation expert to understand all the possible alternatives that could happen, in your case. However, the decision to have surgery, or not, ought to be as much a medical decision, on what is best for you, as it might be considering the money you might get. This is another factor which you should consider in deciding whether to have the surgery or not.

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Answered on 10/08/12, 10:59 am

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