Can I receive any pain and suffering and lost wages for a serious infection caused from accident at my work place? 14 Answers as of May 31, 2013

Workers comp insurance is taking a long time to finalize my case and to get me my medicine. My infection is getting worse.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No usually. Workplace accidents are handled by workers compensation. Typically they pay lost wages and medical bills only; no pain and suffering.
Answer Applies to: Michigan
Replied: 5/31/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
If you have an infection, go to your doctor. If you have no insurance and cannot afford care, go to an ER. If you had an attorney, you would not be in this position. You CANNOT sue your employer in Illinois unless he does NOT have WC insurance. Even then, it is rarely to your benefit.
Answer Applies to: Illinois
Replied: 5/29/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Talk to your attorney
Answer Applies to: California
Replied: 5/29/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Generally, the answer is no. On the job injuries require your employer/their work comp insurer to pay your medical expenses and a portion of your wage loss. There may be an exception for an intentional tort in Michigan, but the likelihood of ever proving same is extremely remote. If there is a 3rd party that is responsible for your incident, you would be able to claim pain and suffering damages, but the work comp carrier will have a lien on any such claim.
Answer Applies to: Michigan
Replied: 5/28/2013
Gaubert Law Office, A Prof. LLC
Gaubert Law Office, A Prof. LLC | Denis J. Gaubert, III
No, you cannot receive awards under workers' compensation for "pain and suffering" and "lost wages." You are entitled to receive a defined workers' compensation benefit during the period of your disability from working and all medical expenses paid.
Answer Applies to: Louisiana
Replied: 5/28/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Pain and suffering are not benefits separately payable under the comp act. Lost wages are payable as comp benefits. Medical benefits related to the injury are open for life.
    Answer Applies to: Alabama
    Replied: 5/28/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Worker's comp is probably you only remedy.
    Answer Applies to: Idaho
    Replied: 5/28/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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. That is your only remedy.
    Answer Applies to: New York
    Replied: 5/28/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Worker's compensation does not lend itself to pain and suffering but to recovery time from injury. You are paid you lost time from employment based on worker's compensation scale and percentage loss.
    Answer Applies to: New York
    Replied: 5/28/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your comp case is basically between you and your doctor. Doesn't sound like much of a case but you ought to talk to your doctor about whatever you think the problem is.
    Answer Applies to: North Carolina
    Replied: 5/28/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If your infection is the result of a compensable workers' compensation claim, the insurance company should pay for medical care that it approves and pay two thirds of your average weekly wages for time out of work (the first seven days out of work aren't paid unless you miss at least 21 days). Under the Workers' Compensation Act, there are no payments for pain and suffering.
    Answer Applies to: North Carolina
    Replied: 5/28/2013
    Hone Law Firm
    Hone Law Firm | John S. Hone
    If someone other than your employer was negligent and this caused your infection you can make a claim against that party.
    Answer Applies to: Michigan
    Replied: 5/28/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Not unless there is also a third party claim. There are no such damages under Iowa workers comp.
    Answer Applies to: Iowa
    Replied: 5/28/2013
    Azrael Franz Schwab Lipowitz | Keith S. Franz
    Yes. All consequences of the incident, including infections you received as part of the treatment are covered.
    Answer Applies to: Maryland
    Replied: 5/28/2013
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