A co-worker hurt his back on the job and needed surgery. The surgery went fine but he died in the hospital from complicationsa few days later. Will his wife get workers compensation benefits?
The workers compensation insurance company denied benefits to the injured worker's widow. We hired medical experts to prove the death was caused by pulmonary embolism following the surgery and that it resulted from the initial work injury. Just before the hearing, the insurance company agreed to pay everything to the widow - death benefits, medical expenses and the funeral bill.
In DC, Virginia and Maryland, this situation is sometimes called a compensable consequence of the work injury. Generally, an injured worker (or his family) is entitled to workers compensation benefits if an injury is made worse by a complication of treatment or surgery or medical malpractice.