FREE CONSULTATION (314) 361-4300
Free Consultation

My Workers’ Comp Injury Wasn’t Diagnosed Properly – What Do I Do?


A wrong diagnosis could reduce the settlement amount or disqualify you from getting proper compensation.

A misdiagnosis can significantly disrupt your workers’ compensation case. The severity of your injuries or illness in a workers’ comp case determines your settlement. A wrong diagnosis could reduce the settlement amount or disqualify you from getting proper compensation.

Misdiagnoses aren’t uncommon in workers’ compensation cases. However, what you do after the misdiagnosis will determine whether your claim sails through. Below we’ll look at what steps to take should your doctor misdiagnose your workers’ compensation case.

Seek a Second Opinion

The best action after a suspected misdiagnosis is to seek a second opinion from a licensed medical practitioner. In some cases, you might not even have a misdiagnosis at all. Another medical expert should conduct tests and diagnose you appropriately for your workers’ comp claim. This different perspective will help you argue your case in case of an inaccurate initial diagnosis.

Gather All the Necessary Documentation

Medical records and other documents offer a wealth of evidence to support your workers’ compensation claim. Examples of medical documents you should gather include test results, medical prescriptions, X-rays, and other documents. These documents will help prove the inaccuracy of your first diagnosis should you opt for another one.

File a Dispute or Reevaluation

A misdiagnosis doesn’t mean the end of your workers’ comp claim. You can always file to dispute the diagnosis from the insurance provider’s medical division. Alternatively, you can request a reevaluation of the case for a proper diagnosis. Your worker’s comp attorney will help you file a dispute or request a review and gather the evidence needed for their success.

Consult a Workers’ Comp Attorney

An experienced workers’ comp attorney has previously handled multiple workers’ comp claims with misdiagnoses. They can guide you and provide legal direction to ensure your workers’ comp claim sails through despite the doctor’s improper diagnosis. They can also leverage their vast network of medical experts to give you a second opinion on your workers’ comp.

Follow Missouri’s Legal Guidelines

State law is clear about when and how to file a dispute for your diagnosis or request a reevaluation of your case. Ensure you adhere to these protocols and timelines to get the best results. The help of a licensed workers’ comp attorney is invaluable in this regard.

Can I Sue the Doctor for Misdiagnosis?

Yes, you can sue your doctor for making an improper diagnosis that could compromise your chances of fair compensation. Misdiagnoses fall under medical malpractice, and you can sue the doctor under civil law. However, only misdiagnoses that lead to death result in criminal convictions.

Misdiagnosis? Leave Your Workers’ Comp To Us

Don’t let a misdiagnosis ruin your workers’ compensation claim. At The Law Office of James M. Hoffmann, we’ll help with everything, including evidence gathering, getting a second opinion, and the overall claims process.

Updated: June 26, 2023
Click to Call (314) 361-4300 Online Case Evaluation Form