QUESTION
What can be the pain and suffering compensation?
Asked on Jan 11th, 2013 on Personal Injury - Florida
More details to this question:
This incident occurred in Florida while working on a jobsite that was covered by workman's compensation insurance. I broke the metacarpal in the right hand. Surgery to repair the break followed later. I was billed for the emergency room visit which I was directed to file on my personal insurance by my employer. I have not paid the co-pay (because I thought workman's compensation was covering). So far as I know all the bills have been presented to the company's WC insurance. I have had very little "out of pocket" expenses. I feel that I should be compensated for the personal pain and suffering I had to endure during the treatment and healing process. There was nights of sleeplessness and fear that I would injury my wife with the casts during the tossing and turning during the night. There was also a loss of quality of life during this same period. Please advise how to proceed.
2 ANSWERS
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Unfortunately, worker's comp does not pay for pain and suffering or loss of enjoyment of life. You should have no out-of-pocket expense. Worker's comp should pay the ER bill and your transportation costs. You are also entitled to an impairment benefit after you reach maximum medical improvement, if you have a permanent impairment. You could also try to settle your case for a lump sum payment.
Answered on Jan 15th, 2013 at 8:04 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you have made a workers compensation claim, that is your exclusive remedy and workers comp does not compensate people for pain and suffering. Go see a workers comp lawyer.
Answered on Jan 15th, 2013 at 8:03 PM