Sometimes, when an injured worker's condition is worsened by the medical care they receive, there may be additional compensation benefits available. This is known as the "doctrine of compensable consequences." If the employers worker comp insurance company pays for these additional loss items (i.e., medical bills, lost wages, permanency, etc.), then they have an "IOU" on any "third party recovery." In other words, if the comp carrier pays benefits to the injured patient, then they can participate in any recovery, whether by settlement or trial. An attorney experienced in BOTH Virginia personal injury AND workers compensation claims would be in the best position to evaluate the harms and losses as well as the potential for recovery
Answered on Feb 28th, 2013 at 7:29 PM