QUESTION
What can I do if the worker’s compensation neither settles my claim nor covers pain and suffering?
Asked on Oct 08th, 2012 on Personal Injury - Michigan
More details to this question:
I was injured on the job. The state examiner approved my case and awarded me through worker’s compensation for partial disability to my left wrist.
10 ANSWERS
In Iowa there is no compensation for pain and suffering. And an injury to the wrist is a scheduled member to the arm with is a percentage of a set number of weeks. In Iowa you can not sue the employer for a work related injury.
Answered on Oct 13th, 2012 at 5:37 AM
Ronald A. Steinberg
You are NOT entitled to "pain and suffering" in a workers compensation case. You get your medical bills paid, and if you are off work for at least 2 consecutive weeks, you are eligible for 75% of your average weekly take home pay. If the company won't pay, then get a comp lawyer to file a claim.
Answered on Oct 11th, 2012 at 3:23 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That's the downside to the workers compensation system: you don't get compensated for pain and suffering.
Answered on Oct 11th, 2012 at 1:42 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You can not get pain and suffering in workers' compensation.
Answered on Oct 11th, 2012 at 1:25 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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I suggest you contact Information and Assistance Officer at local Workers' Compensation Board and confer with him or her.
Answered on Oct 10th, 2012 at 2:13 PM
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Bulman Law Associates PLLC
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Keep using your medical benefit, get back to any work and see what happens in the next year. Don't settle. Pain is difficult to prove and most states don't directly compensate for how bad you say it hurts unless it is totally disabled. That is not easy to prove and easy for them to ignore. Try any reasonably safe job, even a volunteer position at light duty would give some info to your doctors about the limitations. There is one handed jobs in the computer age like security monitor. Watching 50 screens on a wall for movement doesn't require much hand work. The point is, don't settle, give work a try and stay in touch with your doctor.
Answered on Oct 10th, 2012 at 9:44 AM
Typically, a worker's compensation carrier has no obligation to settle your claim. It can continue to pay you weekly benefits and that would be their only obligation. You may want to seek the advice of an attorney, who may be able to get the carrier to consider settling with you.
Answered on Oct 10th, 2012 at 9:43 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your question contradicts itself. You say you were awarded a settlement by the hearing officer. If so, that is it. You get nothing for pain and suffering in a compensation case. The compensation was not designed to cover pain and suffering.
Answered on Oct 10th, 2012 at 9:42 AM
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. It does not cover pain and suffering. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on your pre-accident income and the extent of your disability. But: you should get some advice as to whether the schedule award is your best option. You may be better off getting disability payments and having your medical expenses taken care of. Depending on what caused the accident, 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 10th, 2012 at 9:41 AM
Steven D. Dunnings
You can't recover for pain and suffering in a workers comp case, only wage loss and medical expenses.
Answered on Oct 10th, 2012 at 9:29 AM