After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Surgery following a workplace injury can significantly affect the value of a workers’ compensation claim in Reno. Higher medical costs, extended recovery periods, and lasting physical limitations all contribute to how Nevada law evaluates the full scope of an injured worker’s losses.
At Kidwell & Gallagher Injury Lawyers, we hear this question often, and the answer is not as straightforward as most people expect. Does surgery increase workers’ comp settlement value in Nevada? In most cases, it does, but the degree depends on the documented outcome of the injury, and knowing the difference puts injured workers in a much stronger position when dealing with an insurance carrier.
Whether surgery qualifies as medically necessary depends on when treatment began, the type of injury involved, and the medical records backing up the claim. A procedure performed promptly after a work-related injury, with clear records connecting the surgical need to the workplace incident, gives an attorney far more to work with when negotiating compensation. A surgery pursued without a clear medical justification gives the insurance carrier room to dispute the claim entirely.
Surgical procedures generate substantial medical expenses to start. Hospital fees, anesthesia, post-operative care, and physical rehabilitation all accumulate quickly. Workers’ compensation covers these costs when the treatment ties directly to a work-related injury, and higher medical bills directly increase the overall value of the claim.
An injured worker may qualify for Temporary Total Disability (TTD) benefits during recovery, which replace a portion of lost wages while the worker cannot return to work. The longer the recovery, the greater the total benefit amount.
The operating room marks the beginning of recovery, not the end. Physical therapy, follow-up appointments, prescription medications, and potential revision procedures all represent future medical costs that a settlement should address. When an injured worker settles a claim, any agreement should account for these anticipated expenses, because the worker absorbs those costs personally without proper coverage.
Under NRS 616C.100, Nevada law allows an injured worker to request a second evaluation of their disability rating, and those results may be presented at a hearing or conference. Independent evaluations may assign a higher impairment rating for post-surgical claims than the insurer’s doctor.
Nevada evaluates permanent impairment using a standardized medical rating system, meaning a surgeon’s follow-up assessment can directly shape the final disability percentage assigned to an injured worker.
Surgery and recovery can also take a psychological toll, and Nevada law recognizes mental health conditions stemming from a workplace injury as potentially compensable under separate provisions. Workers dealing with anxiety or emotional distress alongside physical recovery may find it helpful to review whether conditions like panic attacks qualify for coverage, a topic we address in detail in our blog, Can I Get Workers’ Compensation for a Panic Attack in Reno, Nevada?
No, surgery alone does not guarantee a higher settlement. Nevada statutes, such as NRS 616C.490, limit permanent partial disability calculations to the degree of the whole person’s physical impairment, meaning the injury’s outcome drives compensation, not the procedure performed. Under this statute, only documented, measurable physical limitations factor into the permanent partial disability benefit calculation; psychological conditions stemming from the injury may support separate compensation under Nevada law.
A surgery producing a full recovery may leave little room for a large settlement, regardless of what the procedure costs. On the other hand, when complications arise or limitations persist, the claim picture changes considerably, and the documentation surrounding those outcomes becomes the most valuable asset in negotiations.
If you are still wondering, does surgery increase workers’ comp settlement? The answer depends on details only a thorough case review can uncover. Accepting a settlement too early, before surgery or before reaching full recovery, can mean leaving significant compensation on the table permanently. Our team at Kidwell & Gallagher Injury Lawyers offers a free consultation to help injured workers in Reno understand their rights.
Call our workers’ compensation attorney at (775) 323-2667 and let us review your workers’ compensation claim.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.