QUESTION
After recieving Worker's Comp settlement, can I sue for pain and suffering by entering a Personal Injury case in Va.?
Asked on Oct 17th, 2014 on Personal Injury - Virginia
More details to this question:
Worker's. Comp paid for my lost wages (calculated amout of weeks) and medical care while on W Comp, and nothing for pain and suffering. After settlement, any future medical treatment will be my responsibility. There will most likely be surgery in the future. I am unable to return to the same type of work because of the injury/disability. I live with pain from the accident every day. I would appreciate any advice you may render.
1 ANSWER
Workers Compensation Attorney serving Richmond, VA
at
Gerald G. Lutkenhaus, Attorney at Law
Update Your Profile
If you are talking about suing your employer for your workers compensation injury you cannot do it in Virginia. This is so if the employer provided workers compensation coverage which I gather from your post the employer did. When the workers compensation laws were enacted 100 years ago the compromise was if the employers would agree to cover the employees with workers compensation insurance then the employers would get "immunity" from personal injury lawsuits for things like pain and suffering which workers compensation does not provide.
For more information: call Jerry Lutkenhaus at 804-358-4766 or visit my website at virginadisabilitylawyer.com.
Answered on Oct 25th, 2014 at 6:13 AM