Can I get pain and suffering for a work related injury? 12 Answers as of October 16, 2013

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E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Generally your damages are limited to those paid through workers compensation unless you have an intentional tort type of claim. You should contact an attorney to obtain a free consultation so that you can discuss your situation in greater detail.
Answer Applies to: Ohio
Replied: 10/16/2013
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
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.
Answer Applies to: California
Replied: 10/16/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Not as a separate award in and of itself. Pain and suffering are taken into consideration when the Dr. assigns permanent restrictions, though.
Answer Applies to: Alabama
Replied: 10/14/2013
Gates' Law, PLLC | Thomas E. Gates
Only if workman's comp deems you are due any.
Answer Applies to: Washington
Replied: 10/14/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
I'm sure you have gotten pain and suffering. The question is, can you get compensated for it? 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.
Answer Applies to: New York
Replied: 10/14/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    These sorts of cases are very fact-specific. Many lawyers will say that they can't be pursued, because of Workers Comp law. However, there may be a way around this, as I could ascertain by discussing with you (such as a defective machine or some other hazard causing the injury, the injury having occurred on non-employer property or otherwise under auspices other than your employer's, etc.).
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    No under worker's compensation in Illinois. Your residual pain however can impact the amount of disability awarded .
    Answer Applies to: Illinois
    Replied: 10/14/2013
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    Work accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others.
    Answer Applies to: West Virginia
    Replied: 10/14/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Not from the employer.
    Answer Applies to: Illinois
    Replied: 10/14/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Only if there is a 3rd party that was responsible. You don't get p&s from co-employees/employer negligence as work comp is the exclusive remedy (with only a few neigh on impossible to prove exceptions in Michigan).
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Worker comp does not allow for that.
    Answer Applies to: North Carolina
    Replied: 10/14/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Workers compensation benefits does not directly compensate for pain and suffering.
    Answer Applies to: Iowa
    Replied: 10/14/2013
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