QUESTION
Can I receive any pain and suffering and lost wages for a serious infection caused from accident at my work place?
Asked on May 27th, 2013 on Personal Injury - Maryland
More details to this question:
Workers comp insurance is taking a long time to finalize my case and to get me my medicine. My infection is getting worse.
10 ANSWERS
Ronald A. Steinberg
No usually. Workplace accidents are handled by workers compensation. Typically they pay lost wages and medical bills only; no pain and suffering.
Answered on May 31st, 2013 at 1:34 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally, the answer is no. On the job injuries require your employer/their work comp insurer to pay your medical expenses and a portion of your wage loss. There may be an exception for an intentional tort in Michigan, but the likelihood of ever proving same is extremely remote. If there is a 3rd party that is responsible for your incident, you would be able to claim pain and suffering damages, but the work comp carrier will have a lien on any such claim.
Answered on May 28th, 2013 at 3:40 PM
James Eugene Hasser
Pain and suffering are not benefits separately payable under the comp act. Lost wages are payable as comp benefits. Medical benefits related to the injury are open for life.
Answered on May 28th, 2013 at 11:25 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. That is your only remedy.
Answered on May 28th, 2013 at 11:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Worker's comp is probably you only remedy.
Answered on May 28th, 2013 at 11:25 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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If your infection is the result of a compensable workers' compensation claim, the insurance company should pay for medical care that it approves and pay two thirds of your average weekly wages for time out of work (the first seven days out of work aren't paid unless you miss at least 21 days). Under the Workers' Compensation Act, there are no payments for pain and suffering.
Answered on May 28th, 2013 at 11:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your comp case is basically between you and your doctor. Doesn't sound like much of a case but you ought to talk to your doctor about whatever you think the problem is.
Answered on May 28th, 2013 at 11:24 AM
Not unless there is also a third party claim. There are no such damages under Iowa workers comp.
Answered on May 28th, 2013 at 11:23 AM
John Hone
If someone other than your employer was negligent and this caused your infection you can make a claim against that party.
Answered on May 28th, 2013 at 11:23 AM
Airplane Crash Litigation Attorney serving Towson, MD
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Yes. All consequences of the incident, including infections you received as part of the treatment are covered.
Answered on May 28th, 2013 at 11:23 AM