QUESTION
Can my employer pay for pain and emotional stress from an injury?
Asked on Aug 25th, 2011 on Personal Injury - Delaware
More details to this question:
I was injured at work and they paid from injury. Can I get pain and suffering and emotional stress? I am going through worker comp she said that you can only get pain suffering through accident only, is that true?
13 ANSWERS
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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As you will likely soon learn, the Oklahoma Workman's Compensation Court is the only place you have to go for damages. Punitive damages are normally not included in the WC analysis of damages. Hire a WC attorney who represents people or claimants only. The words "pain, suffering, emotional distress" are increasingly viewed by conservative Christian jurors as efforts to harm businesses and hurt the economy. I actually think that argument is like way too old. Our Government has already ruined everything by overspending.
Answered on Sep 01st, 2011 at 7:51 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's compensation covers medical expenses and time out of work. You cannot sue your employer for negligence. 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.
Answered on Aug 29th, 2011 at 1:06 PM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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Assuming your employer had statutorily mandated Worker's Compensation insurance, then they are immune from a lawsuit by you for pain and suffering. The work comp system limits your employer's liability to a portion of your lost wages and your medical expenses, as incurred due to injuries related to the on the job accident.
Answered on Aug 26th, 2011 at 6:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In a comp case like yours you do not get paid for pain and suffering. You get a percentage of your wages and your medicals paid. You will get a lump sum based on any permanent injury the doctor says you have when your treatment is concluded. Comp was designed to make sure employees have a doctor and that they not starve while hurt. Political decisions. In medieval England when the industrial revolution occurred employees often died from lack of medical care and starved while out of work. Worker comp was designed to correct those 2 matters.
Answered on Aug 26th, 2011 at 12:43 PM
You should consult with a local worker's compensation attorney.
Answered on Aug 26th, 2011 at 11:26 AM
As a general rule, yes. When you are hurt on the job, you are ONLY entitled to worker's compensation. There is no compensation for "pain and suffering." You can, however, receive money for scarring on your hands, neck, and face with WC and also for permanent and total disability. An experienced personal injury attorney may also be able to get you what is called a lump sum settlement for your worker's compensation case.
Answered on Aug 26th, 2011 at 11:26 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. Your exclusive remedy is Workers Compensation unless you can find someone other than your employer or a co-employee of the same employer to sue.
Answered on Aug 26th, 2011 at 6:03 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Workers comp benefits are limited to what the legislature allows. Wage loss and medical benefits are the two basic categories of payments. Pain, if totally disabling, can be compensated, but only in terms of wage loss . However, payments for pain alone, are not made. Take a pill and that will be covered.
Answered on Aug 25th, 2011 at 7:47 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Workers' compensation benefits are your exclusive remedy for an on-the-job injury, and you do not get to recover for your pain and suffering or other elements of non-economic damages.
Answered on Aug 25th, 2011 at 7:24 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Worker's compensation insurance generally does not cover pain and suffering. The only way you may be able to recover for pain and suffering is if there was a third party, someone other than your employer, who was responsible for your workplace injury. If that is the case you can file a claim with the third party's insurance company and if they refuse to settle the case you can sue them for damages. If you prevail in a third party claim you will have to pay back worker' compensation carrier for whatever they paid out on your claim, so make sure that any settlement or award includes this lien amount. Additionally, you should know that the WC carrier has the right to veto any settlement you make, so check with them prior to settling.
Answered on Aug 25th, 2011 at 7:24 PM
Workers Compensation Attorney serving West Palm Beach, FL
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There is no pain and suffering in Florida workers comp cases so you will never recover for those. You can get treatment for emotional problems such as depression or anxiety if they are related to physical injuries.
Answered on Aug 25th, 2011 at 6:55 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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Yes. Under the Worker's Compensation Act, an injured employee can have medical bills paid, receive compensation for lost wages, and receive additional compensation if there is a permanent injury. There is no recovery under the Act for pain and suffering.
Answered on Aug 25th, 2011 at 6:37 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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There are various separate claims you have, including a separate claim for any permanent injuries. You should discuss with a lawyer who handles workman's compensation.
Answered on Aug 25th, 2011 at 6:36 PM