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Am I able to recover pain and suffering from a workers comp injury If there was neglect by the WC doctors?

Lancaster, PA |

I am on workers comp for a L-4 L-5 injury. April 2013 was the date of the injury. WC Doctors had me working until August 2013 with a broken Disc. Now after surgery I have Nerve damage on my left side

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Attorney answers 6


You are not able to get pain and suffering from the work injury itself. However, if there is a separate medical malpractice claim from the treatment, that may be possible. You would need to consult with a local medical malpractice attorney to evaluate your options.


I would need more facts but you should keep in mind that malpractice cases involve a lot of expense and you will have to prove the conduct of the doctors caused you to have additional injury and pain which may not be easy. You should contact a local medical malpractice attorney for a free consultation.



That is what I thought. But fom the beggining of the injury when they took the xray and seen a broken disc (It was that obvious) they should have not sent me back to work the same day in my opinion. But being the good employee I had to follow the directions of the workers comp doctor. (ie Company doctor) If not and I decided that I should stay home I would have been terminated for excessive absenteeism. Now that I can see any doctor for my injury I am finding out more information about my injury. Thank You for your insight


You may possibly be able to bring a separate medical malpractice claim depending on the relationship with the doctor who was seeing you. Consult with an experienced PA medical malpractice attorney ASAP.

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Under Workers' Compensation you cannot get pain and suffering, but you might be able to secure that kind of relief in a medical malpractice claim, as my colleagues have suggested. If you do not have a Workers' Compensation lawyer on board already though, I strongly suggest that you speak to one to make sure that you are getting all of the Workers' Compensation benefits to which you are entitled. They may have to pay for your wage loss into the for seeable future, and pay for any reasonable, necessary, and related medical expenses for the rest of your life. Consultations with most workers' compensation lawyers are free, so there is no reason not to speak to one now.

Attorney Wolf is licensed to practice law in Pennsylvania only. He is Certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. A response from Attorney Wolf cannot constitute legal advice and does not create an attorney-client relationship. If you would like to arrange to speak with Attorney Wolf, he can be reached at 610-323-7436.


As my colleagues have suggested, you cannot get poison and suffering from workers' compensation, itself. You may be able to recover those damages in a separate medical malpractice action. You should consult with attorneys for both cases ASAP.

The above information posted by Thomas J. Pivnicny, Esquire is intended for general purposes and does not constitute legal advice, nor does it create any attorney-client relationship. You should not rely on the above information for any purpose. Always consult with an experienced attorney for answers to your legal questions.



Thank you for responding. I already have a WC Lawyer I guess my next phase is to review this with a Malpractice lawyer. Thank You and your colleges for the guidance.


If the doctors violated the medical standard of care, which in turn caused you damage, you might have a medical malpractice claim, yes. The best thing you can do is gather your medical records and call a medical malpractice lawyer. The consultation should be free.

I've included a link to information about what a lawyer looks for in a medical malpractice case.

Best of luck.

The attorneys of Lowenthal & Abrams are licensed in several states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. I am a medical malpractice, catastrophic accident and wrongful death attorney. I am licensed in Pennsylvania, New Jersey, California and West Virginia. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

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