Worker’s Compensation and Medical Malpractice

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Occasionally clients with injuries will have questions about the quality of their care while receiving workers compensation benefits.  What happens if a treating doctor commits medical malpractice?

In both Indiana and Kentucky the worker’s compensation benefits cover medical malpractice by a provider.  Therefore, if the care you receive causes a bad treatment outcome you can

  • recover additional benefits for greater Permanent Partial Impairment (PPI);
  • potentially receive wage replacements (TTD) for a greater amount of time until you reach maximum medical improvement (MMI), and
  • receive additional medical services to correct any condition caused by the alleged malpractice.

The most important thing is that you still retain your right to bring a Medical Malpractice claim in a civil court.  If you are successful, the worker’s compensation insurance carrier will have a lien against any recovery you receive, in the civil case, for benefits they paid for in your worker’s compensation claim.  The lien will encompass any greater PPI you receive as a result of the malpractice from the expected outcome, or increased wage replacements, or additional medical care only.  However, it will not include many other services, or the entire amount of benefits you received through worker’s compensation.

An attorney can help you fight for the benefits and care injured workers deserve.  If you do not believe you are getting the care you think is appropriate, give us a call and let us try and help.  There is no fee for the phone call and we may be able to help you navigate a more successful outcome.

Please contact one of our attorneys at 1-800-809-3776 for further help.