On Behalf of The Sumwalt Group Workers' Comp and Trial Lawyers
Apr 21, 2025
If you’ve suffered a workplace injury in North Carolina and are facing the possibility of surgery, you may wonder, “Does surgery increase workers’ compensation settlements in NC?” Workers in the Triad area, which includes Greensboro, Winston-Salem, and High Point, undergo surgeries through hospitals such as Atrium Health Wake Forest Baptist or Cone Health, which provide post-op physical therapy and return-to-work plans that potentially affect their settlement results.
When surgery becomes necessary, it typically signifies a serious injury that results in increased medical costs along with prolonged recovery periods and potential permanent disabilities. The worth of your workers’ compensation settlement will be significantly affected by these factors. Consulting an experienced workers’ compensation lawyer can help ensure that all aspects of your injury and recovery are properly accounted for in your settlement.
Surgery Signals Greater Injury Severity
If surgery becomes necessary following a workplace injury, it suggests the injury is serious and cannot be treated with rest or conservative care alone. In North Carolina, the workers’ compensation for serious injuries accounts for the severity of the condition when determining benefit payouts. Injuries requiring surgery, such as a knee injury, shoulder injury, spinal cord injury, or amputation injury, typically involve higher medical expenses, longer recovery periods, and a greater impact on a worker’s ability to return to their job, factors that directly influence the amount of compensation awarded.
Workplace injuries and illnesses in North Carolina in 2023 reached 68,600 cases, with 40,900 requiring employees to take time off work or work under restrictions because these injuries were severe enough to possibly need surgical treatment.
When surgery is involved, insurance companies tend to give greater consideration to long-term limitations or potential complications. While surgery doesn’t assure a bigger settlement, it boosts your chances of receiving a larger payment if the surgical procedure affects your future work ability.
Recovery Time and Lost Wages Add Value
Understanding how workers’ compensation works is crucial when filing a workers’ compensation claim in North Carolina. Your settlement amount depends heavily on how long you have been unable to work. In North Carolina, you receive wage replacement benefits, which are generally two-thirds of your normal weekly income while you are medically unable to work (subject to state maximums).
Surgical procedures usually prolong the medical recovery timeline when physical therapy or multiple operations are necessary. Extended recovery periods result in higher compensation eligibility for lost income. You can receive partial disability compensation after returning to work if you are unable to perform your previous job duties. The final settlement or lump sum agreement includes the calculation of wage loss.
What Surgery Adds to Your Claim
The economic value of your claim rises significantly as surgery introduces substantial associated costs. These factors contribute to an enhanced total financial worth of your workers’ compensation claim.
The expenses linked to surgical procedures create additional layers of negotiation complexity between insurance carriers and attorneys, which makes surgical cases more valuable compared to non-surgical injuries.
Medical expenses extend past the surgery and cover numerous phases of patient treatment, including surgeon and anesthesiologist fees, hospital or outpatient facility charges, prescription medications, postoperative physical therapy, and travel to and from medical appointments.
Permanent Impairment and Future Needs
When you reach maximum medical improvement (MMI), the doctor will evaluate the affected body part to assign a permanent impairment rating. The permanent impairment rating determines your settlement through its effect on the number of extra compensation weeks you qualify for according to North Carolina’s workers’ compensation guidelines.
Operations causing permanent physical restrictions, such as limited movement range or continuous pain, usually result in elevated impairment scores. Surgery occasionally leads to additional medical interventions and requires ongoing therapeutic support. The long-term implications of your case determine if you receive a lump sum settlement or a structured payout, and the total value of the settlement.
FAQs
A: While surgery alone does not guarantee an increased settlement amount, it generally leads to higher settlement payouts. The need for surgery usually indicates a serious injury that extends recovery time and increases medical expenses.
These factors are considered during settlement negotiations. The ultimate amount of compensation you receive will rely on your salary level and impairment rating, as well as the extent to which surgery affects your future work capabilities.
A: Extended work absences due to surgery could result in higher compensation because the lost wages will raise your total compensation amount. During recovery time, North Carolina provides two-thirds of your typical weekly earnings as payment, subject to state maximums.
Longer absences due to surgery or rehabilitation needs extend the duration of wage replacement benefits. When a person reaches maximum medical improvement and has permanent work restrictions, the lost wage benefits usually become part of the final settlement.
A: You may still qualify for a settlement even if your surgery fails to fully heal you. After reaching maximum medical improvement, your doctor will assign an impairment rating to show any permanent damage you suffered.
The impairment rating determines the amount of extra compensation you qualify for according to North Carolina’s scheduled injury guidelines. Chronic restrictions or discomfort following surgery may boost your settlement amount when they affect your future ability to work.
A: Spine, shoulder, knee, or hip surgeries typically result in higher settlements since they demand long recovery durations and create permanent limitations. These surgical procedures generally have higher costs and require several follow-up medical appointments or further treatment in the future.
When surgery prevents you from performing your usual job tasks or returning to work, the loss of earning capacity becomes a major factor in determining settlement amounts.
A: The optimal time to settle comes after undergoing surgery and completing recovery. By waiting, doctors get sufficient time to evaluate your ongoing health situation to establish whether your impairment has become permanent.
If you settle prematurely, you risk receiving lower compensation than what you deserve, since it may become clear afterward that further treatment or work limitations are essential. By waiting to resolve your case, you ensure that your settlement covers all aspects of your injury and surgical results.
Contact The Sumwalt Group
Undergoing surgery can typically increase the worth of your workers’ compensation settlement in North Carolina due to added medical expenses, lost income, and enduring functional limitations. Each case presents specific characteristics that influence the final settlement based on multiple contributing elements.
The Sumwalt Group can assist you in understanding your legal rights and settlement choices if you have undergone surgery or are planning to undergo surgery. We have extensive experience managing complex injury claims while providing guidance throughout the settlement process. Reach out to The Sumwalt Group now to book a consultation session and advance toward obtaining your rightful compensation.