When you suffer an injury at work, workers’ compensation provides medical treatment and wage replacement. But what happens if the medical care you receive for that injury makes things worse? In some cases, medical malpractice can play a role in a workers’ compensation claim. Understanding how this works helps you protect your rights and seek the benefits you deserve.
When Treatment Causes More Harm
Workers’ compensation covers injuries that arise out of your job. This includes the medical treatment you receive for that injury. If a doctor, nurse, or hospital makes an error during treatment, the complications are still connected to your work injury. For example, if you hurt your back at work and the doctor performs surgery that goes wrong, the results of that malpractice may still fall under workers’ compensation.
Mistakes can happen in many forms. A misdiagnosis may delay recovery. A medication error could cause side effects that leave you unable to work. Even poor follow-up care might lead to lasting problems. Each of these issues can complicate your workers’ compensation claim.
These situations often raise disputes. A workers’ compensation insurer may argue about how much of your condition is due to the work injury and how much is due to the malpractice. They may try to reduce benefits, leaving you without the full support you need. That’s why it’s important to understand your legal options.
Workers’ Compensation vs. Medical Malpractice Claims
Workers’ compensation and medical malpractice are two different types of claims.
Workers’ compensation is usually your exclusive remedy against your employer. It pays for medical care, lost wages, and rehabilitation. Medical malpractice, on the other hand, is a separate issue that involves the doctor or healthcare provider who treated you for your injuries.
In some cases, you may be able to file both types of claims.
Your workers’ compensation coverage deals with the initial incident. A medical malpractice claim, should one be appropriate, covers injuries experienced as a result of the treatment you received for the initial injury.
If you experience further or separate injury while undergoing treatment for a workplace injury, both types of compensation can help you secure the full recovery you deserve.
Pursuing both requires careful planning. The law surrounding workers’ compensation and malpractice overlap is complex. Filing a malpractice claim may affect your workers’ comp benefits, and deadlines for each case can differ. Without guidance, it’s easy to miss out on compensation you’re entitled to.
Protecting Your Rights
If your work injury is made worse by medical malpractice, you should not have to carry that burden alone. Both workers’ compensation and malpractice law exist to help you recover and move forward. But these cases require strong legal knowledge and strategy.
Seeking help early makes a difference. An experienced attorney can gather medical records, work with experts, and build a clear connection between your job injury and the malpractice. With the right approach, you can hold negligent providers accountable while still securing your workers’ comp benefits.
At Shugarman & Mehring, we help injured workers understand their options and fight for the full benefits they deserve. If you believe medical malpractice affected your workers’ compensation case, contact us today.
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