Is it possible to have a workers’ comp and a medical malpractice case from the same on-the-job injury?

We appreciate your like, share or follow. Your online activity helps us reach a larger audience, so please consider taking a moment to leave us a comment on our videos, or share our posts on social media.

How Can We Help You?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Is it possible to have a workers’ comp and a medical malpractice case from the same on-the-job injury?

In this video, Personal Injury Attorney Ben Schwartz answers a question from Will in Milford, Delaware. Will asks, “Is it possible to have a workers’ comp and a medical malpractice case from the same on-the-job injury?”

Hi, I’m Attorney Ben Schwartz, 

I have a question from Will in Milford, Delaware. Will wrote in and he said he thinks he has got a real stumper like “we are going to play stump the attorney,” but Will, you are going to find out I got an answer for every question. You can send me the question, ‘If I am injured on the job, I am taken to the hospital, and at the hospital, the doctor commits malpractice. Is that a workers’ comp case or a medical malpractice case?’ 

The answer is Yes! The answer is that it is a workers’ comp case, and it is a medical malpractice case. If you are injured on the job, you have a right to make a claim under your employer’s workers’ compensation insurance, and you are entitled to things, a bunch of things if it is a Delaware workers’ compensation case. 

I’ll give you some examples of those things. You are entitled to payment of your medical expenses that are reasonable and necessary as a result of the work injury. You are entitled to what is called total disability lost wages, you know lost wages while you are out of work as a result of the injuries sustained in the on-the-job accident. You are entitled to compensation for your permanent functional impairment. You are entitled to compensation for things like disfigurement or scarring and there are other things that you can get in a workers’ comp case. 

If you are taken to the hospital and the doctor at the hospital commits malpractice and causes further injury as long as it is foreseeable that that could happen as a result of the on-the-job injury you can claim the injuries from the malpractice as part of the workers’ compensation claim. Now conversely, the fact that you are injured on the job in the first place does not stop you from also having a medical malpractice case but what you are going to need to know is that there is a system of liens and credits in a Delaware on-the-job injury case. So, if workers’ comp pays you lost wages for being out due to the botched surgery. 

For example, then you make a medical malpractice case, and you claim lost wages from being out as a result of the botched surgery you have already been paid under workers’ comp, and you have to pay back the workers’ comp insurance company. That is the simplest explanation I can give. If the workers’ comp insurance company paid for medical bills resulting from the botched surgery, then in the by surgery case you claim the medical bills again and you are receiving an award for that you have to pay back the workers’ comp carrier. So, it does get rather complicated when you have an on-the-job injury and there is also a negligence case resulting from the on-the-job injury, but it is something that we deal with quite often in my office. 

So, a good attempt at stumping the lawyer with a complicated question but for every complicated question I have a complicated answer that I will be more than happy to give you if you have a complicated question or I would prefer a simple question about the law or a legal practice or personal injury litigation, please send me an email. 

Thanks for watching! 

You May Also Like These Related Videos…

Dog Injured In Car Accident…Who Should Pay Vet Bills?

Dog Injured In Car Accident...Who Should Pay Vet Bills? Delaware Personal Injury Attorney Ben Schwartz may not have the answer, but he can explain how your auto insurance works and pays for a human person after they have been in a car accident. https://youtu.be/FjI25XY9fpE   Hey Folks, I’m...

read more

Valuing Personal Injury Claims

Personal Injury Attorney Ben Schwartz gives ten tips on valuing personal injury claims for settlement. https://youtu.be/sVRCDqdrEI4 Hi, I am Attorney Ben Schwartz, Today we are going to talk a little bit more about valuing personal injury cases. You know there is a video blog on our...

read more

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Meet Our Team Of Experts

Rob Collins

Attorney

Gwendolyn Osborn-Gustavson

Attorney

Freddie Daniels

Joe Stanley

Attorney

Steven Schwartz

Founding Partner

James "Matt" Stiller

Attorney

Freddie Daniels

Ben Schwartz

Managing Partner

Scott T. Smith

Case Manager

Stephen Norman

Of Counsel

Freddie Daniels

Practice Manager

Steven Schwartz

Founding Partner

YoungAbout2

Kenneth Young

Attorney

REQUEST A FREE CASE EVALUATION

Main Office

1140 South State Street
Dover, Delaware 19901

VISIT US ON SOCIAL MEDIA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Dover, Delaware

1140 & 1126 South State Street
Dover, Delaware 19901

More Details

Are you looking for a Dover, Delaware Personal Injury Lawyer?  Our Dover, DE law office is located adjacent to Carroll’s Plaza in Kent County, Delaware.

Bethany Beach, Delaware

34026 Coastal Highway
Bethany Beach, Delaware 19930

More Details

Are you searching for a personal injury or wrongful death attorney handling cases in the Delaware beaches area or Ocean City, MD? Schwartz & Schwartz attorney Stephen Price Norman maintains an office on Route 1, Coastal Highway in South Bethany Beach, DE.

Dagsboro, Delaware

30838 Vines Creek Road, Unit 3
Dagsboro, DE 19939

More Details

Are you trying to find a personal injury lawyer for your Eastern Sussex County, DE or Eastern Shore of Maryland case? Schwartz & Schwartz personal injury lawyer Stephen Price Norman maintains an office on Vines Creek Road in Dagsboro, Delaware.

Wilmington, Delaware

1525 Delaware Ave.
Wilmington, Delaware 19806

More Details

We are Wilmington, Delaware Personal Injury Attorneys. Our Wilmington law office is located at 1525 Delaware Avenue in New Castle County, Delaware 19806.

Salisbury, Maryland

Suite 500-A
100 East Main Street
Salisbury, Maryland 21801

More Details

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Philadelphia, Pennsylvania

1650 Market Street 36th Floor
Philadelphia, Pennsylvania 19103

More Details

Schwartz & Schwartz, Attorneys at Law, P.A. is a Mid-Atlantic regional plaintiff’s trial law firm focusing on wrongful death and catastrophic personal injury cases, with offices in Philadelphia, Pennsylvania.

Baltimore, Maryland

Legg Mason Tower
100 International Drive, 23rd Floor
Baltimore, MD 21202

More Details

We are Baltimore, Maryland trial lawyers handling wrongful death and serious personal injury cases

Washington, D.C.

Coming Soon!
Stay Tuned For Our New Office Location
Washington, D.C.

Directions Coming Soon

More Details

Stay tuned for more information about our new Personal Injury & Wrongful Death law office, which will be located in Washington, D.C.

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

Free Consultations

We offer free consultations in most cases, but not all. Please give us a call to see if you qualify.

Call or Email Us today

Time is an important factor in most legal cases. Don't delay, send us an email or call today!

24/7 Service

Our normal office hours are Mon - Fri, 9 am - 5 pm. Our answering service is available 24/7 at 1-855-847-8437.

Convenient Regional Locations

We have offices located to provide expert representation in Delaware, Maryland, Pennsylvania, Washington, D.C., and New Jersey.

Tip The Scales of Justice in Your Favor

Schwartz & Schwartz, Attorneys at Law is a major force in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania civil and criminal litigation.

Law Firm Testimonials

Gwendolyn Osborn-Gustavson

Scott T. Smith

Rob Collins

Steven Schwartz

Freddie Daniels

Joe Stanley

Freddie Daniels

R. Mark Taneyhill

Stephen Norman

Freddie Daniels

Ben Schwartz

James "Matt" Stiller

Tip The Scales of Justice in Your Favor

Our attorneys have significant experience in corporate, business and commercial litigation, in the United States District Court, in the Delaware Court of Chancery, and in the Delaware Superior Court.
Complex Corporate, Business and Commercial Litigation issues require the expertise of skilled legal corporate litigation professionals with experience in the industry and the ability to provide tenacious,

Criminal Defense Lawyers in Delaware

Schwartz & Schwartz offers a FREE CONSULTATION with Criminal Defense Lawyers in Delaware to anyone who has been arrested or who has been contacted about a prospective criminal arrest.