Getting hurt on the job is bad enough.
But what if the doctor who’s treating your injury is completely wrong? All of a sudden, you’ve got two problems — the injury and a medical mistake that makes you feel a lot worse than you should.
Misdiagnosis after a workplace injury is more common than most people realise. And when it does, you have legal options most workers aren’t aware of.
Let’s jump in!
What you’ll uncover:
- How Often Workplace Misdiagnosis Actually Happens
- Why Misdiagnoses Happen After A Work Injury
- The Legal Options You Have As An Employee
- How To Protect Your Pain And Suffering Compensation Claim
How Often Workplace Misdiagnosis Actually Happens
Misdiagnosis isn’t some rare event that only happens to other people.
The statistics are staggering. In the United States, roughly 371,000 people die every year as a result of a misdiagnosis and 424,000 are permanently disabled.
And it gets worse for emergency room visits — which is where most workplace injuries end up first. Roughly 7.4 million people are inaccurately diagnosed of the 130 million annual ER visits every year.
This means if you’re rushed to the ER following a workplace accident, there’s a good possibility the physician will overlook something critical. An injury to the back is recorded as a sprain. A severe head trauma is labeled a “concussion.”
Why you should care: A misdiagnosis of a workplace injury doesn’t just hurt you physically. Injured workers can also forfeit their right to pain and suffering compensation if they don’t take steps to protect their interests. For that reason, many California injured workers choose to contact an Orange County medical malpractice lawyer as soon as possible to ensure their pain and suffering compensation claim is completely protected.
Why Misdiagnoses Happen After A Work Injury
So why does this keep happening?
There are several major reasons why misdiagnosis is so prevalent with work related injuries. Once you are aware of what they are, you can recognize the warning signs early.
Rushed Doctor Visits
Workers’ comp doctors see many patients every day. That results in less time with each patient. If a doctor has 10 minutes with you, mistakes are made. Symptoms are overlooked. Tests are not ordered. And an incorrect diagnosis gets written on your record.
Pressure From Insurance Companies
Some workers’ comp doctors are “hand in glove” with insurance carriers. The insurance carrier’s motive is to pay out as little as possible. So sometimes injuries get “minimized” – a torn ligament becomes a “strain” or a serious back injury becomes “soft tissue damage.”
This is not a conspiracy theory. In the U.S. alone, the 10-15% rate of medical misdiagnosis equates to 100-200 million errors a year and a significant portion of those occur in the workplace injury arena.
Complex Symptoms
Workplace injuries can be complicated. A worker who falls off a ladder could have a spinal injury, head injury, internal bleeding AND broken bones… all at the same time. Doctors may concentrate on the most visible injury and overlook the concealed ones.
Failure To Order The Right Tests
This is a huge one. A lot of misdiagnoses occurred when the doctor failed to order an MRI, CT scan or appropriate bloodwork. They made a snap decision — and were wrong.
The Legal Options You Have As An Employee
Being misdiagnosed after a workplace injury, you actually have more legal rights than most people know. Workers’ comp isn’t the only avenue open to you. Depending on the circumstances, you may have several claims to pursue simultaneously.
Workers’ Compensation Claim
Workers’ comp is mandatory in every state for most employers. When you’re injured on the job, you can file a workers’ comp claim to pay for:
- Lost wages
- Disability benefits
- Vocational rehabilitation
But there’s a catch — workers’ comp generally doesn’t allow for pain and suffering damages. Here’s where the next possibility comes in.
Medical Malpractice Claim
When a Doctor Mistreats Your Injury. If your on-the-job injury is misdiagnosed by a doctor who makes your condition worse, you may have a medical malpractice claim in addition to your workers’ comp claim.
To prove medical malpractice, you typically need to show:
- The doctor owed you a duty of care
- They failed to meet the standard of care
- That failure caused you harm
- You suffered damages as a result
A successful claim can entitle you to compensation for pain and suffering and for additional medical expenses and lost wages not covered by workers’ compensation.
Third-Party Personal Injury Claim
Occasionally, a work injury will not only involve your employer. If you were injured by defective equipment, you may have a claim against the manufacturer. If a contractor’s negligence caused the accident, you may have a claim against that contractor. Third party claims can also allow you to recover for pain and suffering.
How To Protect Your Pain And Suffering Compensation Claim
Want to ensure you receive the full pain and suffering compensation you deserve? Here is exactly what to do after a work injury and potential misdiagnosis.
Get A Second Opinion Immediately
This is your most important step. If something doesn’t sound right in your diagnosis, visit another doctor. A second opinion may catch what your first doctor missed — and create a paper trail that will help you later.
Keep Detailed Records Of Everything
Document every single thing related to your injury and treatment:
- All medical visits and the doctors you saw
- Every prescription and treatment
- All symptoms (even small ones)
- Time off work and out-of-pocket expenses
The more documentation you have, the stronger your pain and suffering compensation claim becomes.
Don’t Settle Too Quickly
Insurance companies want to settle fast. They’ll make you a lowball offer and hope you accept it. Don’t be fooled. You can’t ask for more money if you settle.
Talk To A Lawyer Early
Most personal injury and medical malpractice attorneys offer free consultations. So what’s the harm in getting a professional opinion about your situation? They will be honest with you. If you don’t have a valid claim, they will let you know.
Final Thoughts
Workplace injuries compounded by misdiagnosis can turn your life upside down. But you don’t have to navigate this on your own — and you don’t have to accept the insurance company’s take it or leave it offer.
Just remember:
- Misdiagnosis happens way more than most workers think
- You have multiple legal options beyond just workers’ comp
- Pain and suffering compensation is possible through medical malpractice or third-party claims
- Documentation and second opinions are your best friends
- Getting legal help early protects your rights
The reality is that most employees leave money on the table because they don’t know their rights.
