Sustaining an injury while on the job is a traumatic experience. Not only are you dealing with physical pain and recovery, but you may also be facing financial strain due to lost wages and medical bills. When you file a workers’ compensation claim, you expect to receive the benefits you’re entitled to. But what happens when you also go through pain and suffering? Will you be compensated for pain and suffering under workers’ compensation?
In this article, we’ll take a closer look at what pain and suffering means in the context of workers’ compensation claims and whether or not you may be eligible to receive these types of damages.
What Exactly is “Pain and Suffering” in a Lawsuit?
In general, pain and suffering refers to the physical and emotional distress that you experience as a result of your injury. This can include things like chronic pain, anxiety, depression, and loss of enjoyment of life. These are all very real and tangible consequences of a workplace injury, and they can have a significant impact on your quality of life.
What are the Challenges of Proving Pain and Suffering in a Workers’ Compensation Claim?
Proving pain and suffering in a workers’ compensation claim can be challenging. Unlike physical injuries, pain and suffering are subjective and difficult to quantify. It can be especially challenging if you don’t have any visible physical injuries, which can make it hard for others to understand the extent of your pain and suffering.
Another challenge is that insurance companies often try to downplay the severity of your pain and suffering. They may argue that your pain is not related to your work injury or that it is not as severe as you claim. This can be frustrating and emotionally draining, especially if you are already dealing with the physical and emotional effects of your injury.
To prove pain and suffering in a workers’ compensation claim, you will need to provide evidence that supports your claim. This may include medical records, witness statements, and personal testimony. It is also important to document the impact of your pain and suffering on your daily life, such as your ability to work, engage in activities you enjoy, and maintain relationships with friends and family.
Could You Get Money for Pain and Suffering Under Workers’ Compensation?
We hear this question all of the time, and we understand our clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.
Unfortunately, workers do not get payment for pain and suffering under the workers’ compensation laws. The purpose behind the Workers’ Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.
While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.
Why Is It Important to Hire an Experienced Attorney?
It is crucial to hire an experienced attorney when dealing with a situation where you have been put through the ringer by your employer and insurance company. The reason for this is simple – an experienced attorney has the knowledge and expertise to handle your case and ensure that you receive the compensation you deserve for your pain and suffering.
Without an experienced attorney on your side, you may struggle to receive the compensation you deserve. Insurance companies are notorious for offering low settlements, and without someone to fight for your rights, you could end up settling for less than you deserve. An experienced attorney can help you negotiate a fair settlement or take your case to court if necessary.
