Legal Question in Workers Comp in Pennsylvania
unsure about my rights
I have two things going on a hurt back and multiple sclorosis. I have had 3 mri's done and it turns out I have a tear and a hyerniated disc. My question is shouldnt the work doctor have ordered a mri if I was complaining about back issues then instead of me having to do it myself? The work doctor was clear on his side about cutting costs and my injury being not work related over and over but how is a hyniated disc and tear in my spine related to ms do I have any case against this guy?
2 Answers from Attorneys
Re: unsure about my rights
The existence of a diagnosis of MS does not mean you should have annular tears in the annulus fibrosis of your discs. Since you have an HNP you have a compensable injury if the matter arose out of work.
The Company doctor cannot successfully be sued as he is shielded by the fact of his loyalty being to the company and not you. your seeing him was not an ordinary doctor-patient relationship.
If his malfeasance increased the time you are off work, your only rememdy is continued workers' comp wage indemnification payments and related medical bill protection, but NOT a separate medical malpractice suit.
workers have very few rights, and none when it comes to the negligence of the list or company doctor.
follow through with your WC case, it sounds like a winner.
Good Luck
Terry
Re: unsure about my rights
Your MS does not preclude you from recovering WC benefits. If your back was injured at work and that prevents you from doing you pre-injury job then you are entitled to benefits please feel free to contact my office for a free consultation.
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