Injury Claims and Workers’ Comp: 6 Misconceptions About Non-Surgical Settlements

In the US, as in many other countries, most companies are required to insure their workers against occupational injuries contracted during their employment. 

When an employee is injured on the job, the workers’ compensation fund pays for their medical bills and lost wages. The specific requirements may vary from state to state, but the need to protect workers against on-the-job injuries remains. And that includes injuries that don’t require surgery. 

But this issue has become tangled in erroneous beliefs. It’s time to separate the facts from the fiction. Here are the 6 most common misconceptions about non-surgical workers’ compensation settlements. 

1. “Non-Surgical Injuries Don’t Qualify for Settlements”

Let’s start with one of the most persistent misconceptions about workers’ compensation. It is widely believed that only severe injuries requiring surgery are eligible. However, this simply isn’t true. Non-surgical injuries such as sprains, strains, or soft tissue injuries are also eligible for compensation. 

These injuries often occur while twisting an ankle or knee, or falling onto an outstretched hand while performing occupational tasks. Or straining the back or shoulders while repeatedly lifting heavy objects. Inflammation of soft tissues leading to chronic tendinitis or bursitis may also be eligible. 

So you can claim workers’ compensation for non-surgical injuries! For example, shoulder injury settlements without surgery are very common and can result in significant compensation.

2. “You Can’t Receive Full Compensation Without Surgery”

There’s no denying the importance of workers’ compensation for employee protection. Even with the most sophisticated safety measures in place, accidents can and do happen. But there’s a common misconception that you can’t receive full compensation unless you need surgery.

This is not true, because it’s the severity of the injury, and not the need for surgery, determines the settlement amount. The prognosis for recovery, detailed information in medical records, and workers’ experience of the impact on their work-life factor, all play a role in calculating compensation.

3. “Non-Surgical Settlements Are Always Lower Than Surgical Ones”

Yet another myth surrounding workers’ compensation is that non-surgical settlements are always lower than settlements for injuries that don’t require surgery. This is false. Surgery or not, each claim will be dealt with according to the merits of the case.

The overall impact of the injury, including long-term effects, can lead to substantial settlements even without surgery. So, if the injury leads to an extended period of being unable to work, that is taken into account when determining an appropriate settlement. 

4. “Non-Surgical Injuries Heal Faster and Are Less Serious”

It’s true that many non-surgical injuries heal quickly and don’t cause long-term discomfort or pain. However, it’s not always true that non-surgical injuries heal fast and aren’t serious. It really depends on the exact nature of each injury, and how it affects that worker’s ability to continue working.

Even non-surgical injuries can result in long-term pain and discomfort or disability.

Examples of such injuries are those that cause chronic back pain, or repetitive strain injuries that affect mobility. It is well known that job-related activities like factory line machine work, or even excessive typing, can result in issues like carpal tunnel syndrome.

5. “You Have to Accept the Insurance Company’s Initial Offer”

Many workers believe that they must accept the insurance company’s initial offer. However, workers are not obligated to do so. Indeed, negotiating a better offer or seeking legal advice for a fair settlement is always a good idea. And this is true even in the case of an injury that does not require surgery.  

Unfortunately, the insurer is always trying to avoid big payouts. Their insurance adjusters employ various tactics designed to reduce and delay injury payouts during settlement negotiations. 

Workers covered by workers’ compensation are entitled to claim, not only for immediate medical bills but also for their lost wages due to the injury. And they are entitled to seek legal counsel to pursue a more fair compensation than is being offered. 

6. “You Don’t Need a Lawyer for Non-Surgical Settlements”

Did you think that you don’t need, or shouldn’t consult, a lawyer for non-surgical workers’ compensation settlements? Well, think again. Hiring a lawyer may be your best course of action when injured while working, even if the case seems straightforward. 

A good example is sustaining an injury while performing work duties on a remote work assignment. Workers’ compensation covers workers regardless of where they are located while at work. All that matters is whether or not they were injured while carrying out their work responsibilities. 

Therefore, remote workers can usually claim, although benefits may vary depending on the state they’re located in. Check with the relevant local authorities in your region or state to determine what the worker’s compensation rules are for scenarios like remote work injuries. 

 

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Interesting Related Article: “What is the Personal Injury Claims Process?“