QUESTION
Can I sue my employer for pain and suffering or not?
Asked on Aug 15th, 2013 on Personal Injury - Kansas
More details to this question:
I got hurt at work on 1/22/2013. The terminal manger did nothing. In March, it started to hurt even more and I told them again. They gave me a brace to use. I used it all through April. Finally in May, I told them I needed to go see a doctor. They wanted me to try another brace. I said no. I went to their doctor and after a month with no results, they sent me to a specialist. In June, he operated and said it was really bad in there. Now I went all this time in pain with only Aspirin and it didn't help.
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. you have a worker comp case that was not handled properly perhaps but you get nothing for pain under worker comp law.
Answered on Aug 23rd, 2013 at 2:21 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are in South Carolina, your exclusive remedy is workers compensation, which does not include pain and suffering damages.
Answered on Aug 23rd, 2013 at 2:21 PM
In Iowa you do not get pain and suffering damages for a work injury.
Answered on Aug 23rd, 2013 at 2:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Generally, 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. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. In your case, though, I'm a little curious when you say "the terminal manager did nothing" what do you think he was supposed to do? You went from January to March in pain, yet you did not go to a doctor? Then "they" gave you a brace to use. Who, exactly? Your employer? And then in May you decided you needed to go see a doctor. So, if you didn't see a doctor until May, does that mean that the brace you used in April was supplied by someone other than a doctor? It sounds like someone was practicing medicine without a licence. That should be looked into.
Answered on Aug 23rd, 2013 at 2:21 PM
4 Awards
No, You are limited to filing a workers compensation claim.
Answered on Aug 23rd, 2013 at 2:21 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Not in Michigan. Your sole remedy against your employer is workers compensation. There is 1 exception to that rule and it is if the facts show the employer intended to injure you - which is a very high, and probably impossible to meet, standard.
Answered on Aug 23rd, 2013 at 2:21 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You can't sue for pain and suffering per se, but you can take actions to increase the value of your claim.
Answered on Aug 23rd, 2013 at 2:21 PM
Ronald A. Steinberg
No you can't. A workers compensation case is an administrative proceding, and does not have a jury. You can only claim lost wages and medical expenses.
Answered on Aug 23rd, 2013 at 2:21 PM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for compensation benefits. There is no separate claim for pain and suffering although it is taken into account when figuring your permanent restrictions and disability.
Answered on Aug 23rd, 2013 at 2:20 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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It is unclear whether your treatment has ended, and whether you were given proper therapy after your surgery. You will likely need to see an independent physician for a final evaluation.
Answered on Aug 23rd, 2013 at 2:20 PM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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The short answer is no, unless you fall within an exception that allows you to sue your employer in addition to your workers compensation claim. There are not that many exception in law to allow you to do such thing.
Answered on Aug 23rd, 2013 at 2:20 PM