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

Asked 3 months ago - 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

Attorney answers (6)

  1. David B Sherman

    Pro

    Contributor Level 11

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    Answered . 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.

  2. Patrick William Murray

    Pro

    Contributor Level 11

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    Answered . 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.

  3. Levi Samuel Wolf

    Pro

    Contributor Level 13

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    Answered . 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... more
  4. David Ian Schoen

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    Contributor Level 20

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    Answered . 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.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  5. Thomas James Pivnicny

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more
  6. Dennis M. Abrams

    Pro

    Contributor Level 12

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    Lawyer agrees

    Answered . 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... more

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