Will I receive settlement for the pain I have felt for 3 years? 17 Answers as of April 17, 2013

Workman’s compensation is paying all my bills. I have to get a surgery on my shoulder. Will the company have to pay for the pain that I have had for almost 3 years?

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Ankerholz and Smith
Ankerholz and Smith | Rian F. Ankerholz
In Kansas, the Workers' Compensation Act is filled with many trade-offs. For example, the injured employee can pursue a claim for compensation without having to prove anyone was negligent in causing the injury. Another example is that the employee does not have to pay for medical treatment or use his or her health insurance, but the employer gets to choose the treating physician. Another trade-off is built into the workers' compensation system. An employee can recover compensation for an injury to his or her body, even though the injury may not affect ability to work, but no pain and suffering compensation is allowed under Kansas work comp law.
Answer Applies to: Kansas
Replied: 4/17/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No. Not in a workers compensation case. They pay your medical bills and they pay lost wages while you are incapable of working. No pain and suffering.
Answer Applies to: Michigan
Replied: 4/17/2013
S. Joseph Schramm | Joseph Schramm
If you are receiving workers' compensation benefits for a job related injury you will not be entitled to receive compensation for pain and suffering. You receive benefits for economic loss such as wages. A person can also receive certain statutory amounts for things like the loss of a hand or finger or for disfigurement about the face and neck, but this does not seem to applicable here. If you were injured by a piece of defective equipment there might be an additional claim against the manufacturer of the machinery which would include your pain and suffering. However it is unclear from your facts whether or not this is applicable.
Answer Applies to: Pennsylvania
Replied: 4/17/2013
Danville Law Group | Scott Jordan
No, not under workers' compensation. Work Comp pays out based on disability, not pain and suffering.
Answer Applies to: California
Replied: 4/16/2013
Gates' Law, PLLC | Thomas E. Gates
Not likely, that is why you have workman's comp.
Answer Applies to: Washington
Replied: 4/16/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You need an attorney if you do not have one. Workers' compensation in Georgia does not pay for pain.
    Answer Applies to: Georgia
    Replied: 4/16/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If you were injured on the job, as I presume you were given your mention of work comp, then comp does not pay for pain and suffering. Comp pays for a portion of your wage loss during your periods of disability from the injury and for your medical/rehabilitative care. Only if some 3rd party is also responsible for your incident will you be able to claim pain & suffering - and comp will have a lien on any such claim and such claim generally has a 3 year time limit to investigate and present.
    Answer Applies to: Michigan
    Replied: 4/16/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Well, hopefully you have an award entered.
    Answer Applies to: Virginia
    Replied: 4/16/2013
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    Unfortunately, you do not receive pain and suffering damages for a workers' compensation claim. You may still be able to receive a substantial settlement however. You should consult with a workers' compensation attorney. An attorney who is experienced in workers' compensation can recover significantly more for you in settlement, after their fee, than you will likely be able to negotiate for yourself.
    Answer Applies to: Louisiana
    Replied: 4/16/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    Yes, but only of you retain a quality WC attorney. The insurance carrier is well aware of your unrepresented status and the large credit they expect to be taking on this settlement.
    Answer Applies to: Illinois
    Replied: 4/16/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Not in Iowa. Workers' compensation laws do not compensate for pain and suffering. Industrial disability is compensated, that means reduction in earning capacity.
    Answer Applies to: Iowa
    Replied: 4/16/2013
    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. 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: 4/16/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois where I practice employees are not compensated for past pain and suffering but are compensated for residual pain that is part of any permanent disability . Sounds like a lawyer is not representing you in this claim . Regardless of what state your claim is in a lawyer could be of great assistance in maximizing the settlement value of your claim . I do handle Illinois worker's compensation cases and would be happy to consult with you further .
    Answer Applies to: Illinois
    Replied: 4/16/2013
    Mike Lewis Attorneys | Mike Lewis
    There is no recovery for pain and suffering under NC Workers Compensation law.
    Answer Applies to: North Carolina
    Replied: 4/16/2013
    Norfleet and Lafferty, LLC
    Norfleet and Lafferty, LLC | Francis J. Lafferty, IV
    Unfortunately, there is no recovery for pain and suffering for workers' compensation claims. The exclusivity provision of the Pennsylvania Workers' Compensation Act limits your recovery to loss wages and the payment of medical expenses. If eligible, you may also recover scarring and disfigurement, and/or specific loss benefits, but nothing for pain and suffering.
    Answer Applies to: Pennsylvania
    Replied: 4/16/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you are receiving worker's compensation you do not receive a settlement for pain and suffering. You receive payment for lost time from work, medical expenses and maybe scheduled loss. If you are receiving consistent weekly payments, you may receive a lump sum payment which would discontinue your weekly payment and medical expenses. If you have an attorney you should contact him and discuss same with him. IF you do not have one you should consider obtaining representation.
    Answer Applies to: New York
    Replied: 4/16/2013
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