Can my employer pay for pain and emotional stress from an injury? 26 Answers as of June 09, 2013

I was injured at work and they paid from injury. Can I get pain and suffering and emotional stress? I am going through worker comp she said that you can only get pain suffering through accident only, is that true?

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A. Daniel Woska & Associates, P.C.
A. Daniel Woska & Associates, P.C. | Dan Woska
As you will likely soon learn, the Oklahoma Workman's Compensation Court is the only place you have to go for damages. Punitive damages are normally not included in the WC analysis of damages. Hire a WC attorney who represents people or claimants only. The words "pain, suffering, emotional distress" are increasingly viewed by conservative Christian jurors as efforts to harm businesses and hurt the economy. I actually think that argument is like way too old. Our Government has already ruined everything by overspending.
Answer Applies to: Oklahoma
Replied: 9/1/2011
The Law Firm of Shawn M. Murray
The Law Firm of Shawn M. Murray | Shawn M. Murray
You can only get pain and suffering damages for a work injury under extraordinary circumstances, i.e. when the employer is liable for an "intentional tort" which causes the work accident, or when a third-party company is somehow responsible, such as in a situation where the negligence of one of its employees causes the accident.
Answer Applies to: Louisiana
Replied: 8/29/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Worker's compensation covers medical expenses and time out of work. You cannot sue your employer for negligence. 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.
Answer Applies to: New York
Replied: 8/29/2011
Law Offices of Joseph I. Lipsky, P.A.
Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
Assuming your employer had statutorily mandated Worker's Compensation insurance, then they are immune from a lawsuit by you for pain and suffering. The work comp system limits your employer's liability to a portion of your lost wages and your medical expenses, as incurred due to injuries related to the on the job accident.
Answer Applies to: Florida
Replied: 8/26/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
This is correct.
Answer Applies to: Alabama
Replied: 8/26/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    In a comp case like yours you do not get paid for pain and suffering. You get a percentage of your wages and your medicals paid. You will get a lump sum based on any permanent injury the doctor says you have when your treatment is concluded. Comp was designed to make sure employees have a doctor and that they not starve while hurt. Political decisions. In medieval England when the industrial revolution occurred employees often died from lack of medical care and starved while out of work. Worker comp was designed to correct those 2 matters.
    Answer Applies to: North Carolina
    Replied: 8/26/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    As a general rule, yes. When you are hurt on the job, you are ONLY entitled to worker's compensation. There is no compensation for "pain and suffering." You can, however, receive money for scarring on your hands, neck, and face with WC and also for permanent and total disability. An experienced personal injury attorney may also be able to get you what is called a lump sum settlement for your worker's compensation case.
    Answer Applies to: Massachusetts
    Replied: 8/26/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with a local worker's compensation attorney.
    Answer Applies to: Indiana
    Replied: 8/26/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The Washington State Department of Labor & Industries / Worker's Compensation is usually the only recovery you can get from a work-related injury, unless there was some third party responsible. If you disagree with the L&I determination, you can challenge it. You probably should speak with an attorney about it if that is the case.
    Answer Applies to: Washington
    Replied: 8/26/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You have to sue the property owner if there was negligence since your only recourse against the employer is worker's compensation.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. Your exclusive remedy is Workers Compensation unless you can find someone other than your employer or a co-employee of the same employer to sue.
    Answer Applies to: New York
    Replied: 8/26/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you were injured on the job then you are entitled to recover worker's compensation. You cannot sue your employer for these injuries. Worker's compensation is in place to protect the employee when he gets injured on the job regardless of whose fault it is. However if you sustained a serious injury and said injury was caused in someway by someone other that your employer, you may bring a third party claim. You should discuss the facts with a lawyer.
    Answer Applies to: New York
    Replied: 8/25/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Workers comp benefits are limited to what the legislature allows. Wage loss and medical benefits are the two basic categories of payments. Pain, if totally disabling, can be compensated, but only in terms of wage loss . However, payments for pain alone, are not made. Take a pill and that will be covered.
    Answer Applies to: Montana
    Replied: 8/25/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    I believe you're asking if you can get more benefits from your employer, besides workers' compensation benefits. When you're injured while working, you get three benefits through your employer's workers' compensation insurance company: 1. Medical expense paid 100% (but they control who your doctors are - not of your own choosing), 2. Temporary disability benefits while you're unable to work, and 3. Compensation for most permanent injuries. This type of claim, a workers' compensation claim, is different that a civil lawsuit. And there is a bar to civil lawsuits for an employee's injury at work. There are very few exceptions to this rule (called the workers' compensation bar), but there are just a few. I would not take the advice about what your rights are from someone you're presenting a claim against. I hope you contact an attorney familiar with workers' compensation and personal injury claims.
    Answer Applies to: New Jersey
    Replied: 8/25/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Workers' compensation benefits are your exclusive remedy for an on-the-job injury, and you do not get to recover for your pain and suffering or other elements of non-economic damages.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Worker's compensation insurance generally does not cover pain and suffering. The only way you may be able to recover for pain and suffering is if there was a third party, someone other than your employer, who was responsible for your workplace injury. If that is the case you can file a claim with the third party's insurance company and if they refuse to settle the case you can sue them for damages. If you prevail in a third party claim you will have to pay back worker' compensation carrier for whatever they paid out on your claim, so make sure that any settlement or award includes this lien amount. Additionally, you should know that the WC carrier has the right to veto any settlement you make, so check with them prior to settling.
    Answer Applies to: Oregon
    Replied: 8/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is no pain & suffering in worker's comp.
    Answer Applies to: Connecticut
    Replied: 8/25/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    There is no pain and suffering in Florida workers comp cases so you will never recover for those. You can get treatment for emotional problems such as depression or anxiety if they are related to physical injuries.
    Answer Applies to: Florida
    Replied: 8/25/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Yes that is true.
    Answer Applies to: Idaho
    Replied: 6/9/2013
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    There are various separate claims you have, including a separate claim for any permanent injuries. You should discuss with a lawyer who handles workman's compensation.
    Answer Applies to: Delaware
    Replied: 8/25/2011
    David Hoines Law
    David Hoines Law | David Hoines
    What you were told is correct.
    Answer Applies to: Florida
    Replied: 8/25/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    Yes. Under the Worker's Compensation Act, an injured employee can have medical bills paid, receive compensation for lost wages, and receive additional compensation if there is a permanent injury. There is no recovery under the Act for pain and suffering.
    Answer Applies to: North Carolina
    Replied: 8/25/2011
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