Legal Question in Workers Comp in Texas

Can you make Workman Comp pay for medical problems that happen from a botch surgery while under the the workman comp system if it has been over 18 yrs old


Asked on 7/22/09, 2:49 pm

1 Answer from Attorneys

Matthew Lewis Booker & Lewis, P.C.

The theoretical answer is yes. All injuries that occur through treatment for the compensable injury are themselves compensable. If the surgery was for the compensable Texas work comp injury, and the doctor made a mistake that caused further injury, it should be covered under the workers' compensation claim. Similarly, if a medicine prescribed for a work comp injury caused some type of damage to your body, that damage would be covered.

The real world answer is "it depends." 18 years is a long time. I can't tell if you have made them aware of the problem already or just discovered the problem. The documentation of your situation will play a large role in the outcome. All injuries that you try to latch on to the work comp claim will have to be proven to have been caused by the treatment for that injury. Proving the "caused by" part is very hard sometimes, depending on the situation. You would have to provided additional information and probably a few medical opinions on the subject before I could give you a better answer. This is a very complex question that will be different for every person that asks it. You will need to consult with an attorney for a thorough review of your current issues.

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Answered on 7/22/09, 4:22 pm


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