QUESTION
Can you sue for pain and suffering for a work related eye injury if accident happened in one state but the office is in another state?
Asked on Oct 06th, 2013 on Personal Injury - Idaho
9 ANSWERS
Ronald A. Steinberg
Typically, workers compensation only pays for accident related medical treatment, and work loss while you are incapable of working. It does not typically pay for pain and suffering. The contract of employment should define in which state any workers compensation cases would be filed.
Answered on Oct 11th, 2013 at 3:24 PM
In California, You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Oct 10th, 2013 at 3:56 AM
James Eugene Hasser
You don't get paid for pain and suffering under Alabama's comp law. You only get paid for your disability rating, unless you are permanently and totally disabled because of the eye injury. The fact you have differing states would not affect Alabama law. However, it may give you a choice of laws. Consult lawyers familiar with comp laws in both states and see if you have a choice of laws and which one is better if you do.
Answered on Oct 08th, 2013 at 4:12 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Makes no diff where offices are you have a comp case and it is not based on pain and suffering.
Answered on Oct 08th, 2013 at 2:56 AM
Thomas Edward Gates
You cannot sue, you need to file a workman's comp claim.
Answered on Oct 07th, 2013 at 1:30 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Against the employer, you can bring an action for workers compensation, which does not include pain and suffering. If a third party caused the accident, such as the manufacturer of a defective nachine, or a worker for another employer, you can sue the third party for pain and suffering.
Answered on Oct 07th, 2013 at 12:18 PM
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. 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. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answered on Oct 07th, 2013 at 10:30 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you were employed in Florida, your exclusive remedy is Workers Compensation, which excludes claims for pain & suffering.
Answered on Oct 07th, 2013 at 10:13 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, worker's comp is the only remedy.
Answered on Oct 07th, 2013 at 10:08 AM