Workers’ comp does not cover pain and suffering

On Behalf of | Mar 21, 2018 | Blog, Firm News |

There are numerous myths that persist regarding filing a workers’ comp claim. You should be able to differentiate between what is real and what is false, so you can acquire the funds necessary to pay for medical expenses and to take time off work to recover. 

With many personal injury lawsuits, a person can recover damages for pain and suffering. However, workers’ comp functions differently from a standard lawsuit, so while you can receive compensation to pay for medical bills, you may not get anything for pain and suffering. Although workers’ comp can certainly cover a large portion of new expenses, you may feel entitled to more. 

You can file a personal injury lawsuit if the accident was a result of a third party

The amount you receive weekly through workers’ compensation depends on the extent of your injuries and whether you have any ability to work at all. You will not be able to file a personal injury lawsuit against your employer in the hopes of receiving more money for pain and suffering.

However, you can sue a third party if someone else played a role in your injury. For example, if a co-worker stepped away from a ladder he needed to hold into place and you fell from the ladder, resulting in injuries, then you may be able to sue the co-worker for negligence. 

Another possible scenario is that the injury resulted from a malfunction in a piece of equipment. For instance, if you drove a company vehicle and a manufacturer’s defect was present, then you may be able to sue the automobile manufacturer for damages. 

Some people choose to file a claim under the Federal Employee Liability Act. This compensation program mostly benefits railroad workers, but other types of employees can file a claim under it, and they can receive compensation for pain and suffering. There are numerous options available for people who believe they need more money to recover from a workplace-related accident. 

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