Medical Complications in a Work Injury case

Date: August 28, 2015
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Donald was working for his employer, MNOP Construction, at a job site in Pennsylvania when he suffered a terrible fall fracturing his hip. Unfortunately, complications set in and Donald had to have his hip replaced. During the hip replacement surgery, Donald developed a pulmonary embolism which eventually led to a stroke leaving Donald partially paralyzed. Had he not suffered that stroke, Donald would have been able to return to his position as a supervisor working for MNOP Construction. Will Donald be entitled to Workers’ Compensation benefits as a result of the stroke?

ANSWER: Yes. Any disability caused not only by the initial injury, but also caused by the medical treatment rendered to treat the original work injury, is considered compensable. This would be true even if that medical treatment constituted malpractice. But for the original work injury, Donald would have never have had the surgery which eventually led to the stroke. Donald’s employer’s Workers’ Compensation carrier will be responsible for payment of ongoing benefits to Donald and payment of all his medical bills.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.