Biff 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 Biff had to have his hip replaced. During the hip replacement surgery, Biff developed a pulmonary embolism which eventually led to a stroke leaving Biff partially paralyzed. Had it not been for that stroke, Biff would have been able to return to his position as a supervisor working for MNOP Construction. Will Biff 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, Biff would have never have had the surgery which eventually led to the stroke. Biff’s employer’s Workers’ Compensation carrier will be responsible for ongoing benefits to Biff and payment of all his medical bills.
If you’ve suffered a work injury and have questions about your claim, contact me at [email protected] or call (570) 347-1011 for a free consultation.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.