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By far the most common question any work comp attorney will get is, “What is my case worth?” I get that, especially if you are out of work and the bills are piling up, or you are considering whether to go forward with bringing a case.
A recent caller to our office had a different version of that same question. He has a serious back injury with a surgery recommendation. You can’t be made to have a surgery, and he isn’t sure that he wants it. The orthopedic doctor he’s treating with told him that if he doesn’t have surgery, he will be released from care with permanent restrictions of no lifting over 10 pounds. He wanted to know that if he goes that route, will his case be worth more?
Before we discuss his situation, let’s discuss permanent restrictions in general. In almost every case, having them does make a case worth more. That’s because it usually implies your injury was more serious and your recovery wasn’t as good as it could have been. In other words, a secretary who gets carpal tunnel with surgery and makes a full recovery will be entitled to a settlement. But if the same secretary now needs to limit their typing, the case would be worth more.
Other times you will have permanent restrictions and your job can’t accommodate you. If you have to find a new job and the best you can do requires a major pay cut, not only could your case be worth more, but it could be worth hundreds of thousands of dollars more. The same would be true if your restrictions mean that there is no company you could work for and you are essentially permanently disabled.
This caller, however, might be the exception to the rule. While permanent restrictions make your case worth more, so does a surgery. Had he been in a heavy duty job like construction, the restrictions would have probably caused a career change which is one factor in evaluating case value. This worker though has a desk job. While he sometimes has to lift boxes, his employer has made clear that they will always give him help if that happens.
So the restrictions make the case worth more than if he had a full duty release, but in this case they won’t be worth dramatically more. And had he had the surgery, even with a good outcome, this is one of those times where the value of the case would greatly increase compared to not having it and having permanent restrictions.
Note, we never recommend you make medical decisions based on what could make your case worth more money. We always recommend you focus on your health above all.
The bottom line is that yes a permanent restriction will likely make the case worth more. But there are exceptions and other variables. So if you want a free, confidential and no commitment consultation about it, please contact us any time.
