Workers’ Compensation Damages: Not Receiving Medical Treatment You Expected to Receive

We often have clients who suffer an injury at work, see a physician, and are unhappy with the treatment which has been provided. While we understand the frustration one feels when they have an expectation, and the outcome isn’t close to what they expect (especially when it comes to one’s health), we do want to share a few pieces of key information regarding workers’ compensation medical treatment. Before filing a claim, it’s necessary to know that there are only two benefits you receive through workers’ compensation: medical expenses and lost wages, as we shared in a previous blog post.

Because those two benefits are the only two you can receive in a workers’ compensation case, we do not recommend you file a claim simply because the medical treatment is outside of what you expect. This is something we have to tell clients often. For example, say you slip, fall and sustain injuries at work that to you, feel pretty serious. You see a physician and he/she only prescribes painkillers. You received no MRI and no CAT scan or even xrays, which causes you to feel that this level of care is inadequate. Do you have a case? Can you receive workers’ compensation plus damages from having this subpar medical treatment? The chances are very slim. Feeling that your experience with a physician is inadequate is not enough to build a solid case and this will not provide a basis for any monetary recovery.

However, your chances of receiving damages for inadequate treatment increase when proof can be provided showing that problems you had were ignored or not even tested. Equipped with this evidence, there is a better chance of obtaining additional care or potentially a washout of the claim. If you feel that you or someone you know has received subpar medical treatment and you feel you have a case, contact one of our attorneys.