Workers are the backbone of American industry which makes all of them invaluable contributors to the smooth operation of the nation. That is why they deserve the utmost care and respect, which is why the Workers’ Compensation program was implemented. It is designed to provide the necessary compensation for any worker who gets injured on the job. They do not have to worry about any complicated legal procedures because they will get the payment they need to take care of the medical bills and lost wages caused by their injuries.
However, workers compensation does not cover every single aspect of workplace injuries so it is important to know what it does and does not cover. If you are in a situation where workers compensation is not enough, then you need to contact a personal injury attorney. They can help you with your situation and give you the best chance of getting compensation for the things that workers comp does not cover. If you are in the Jacksonville area and need help with your workers compensation case, then you should contact Fasig | Brooks, experienced injury attorneys.
Pain and Suffering in Workers Compensation Cases
Pain and suffering is classified as the emotional and physical pain that someone goes through as a result of receiving an injury. The physical pain is easy enough to understand, but emotional pain could encompass many different things: it could be the anger felt over the actions that led to the incident; it could be the frustration of not being able to perform or enjoy certain activities because of the effects of the injury; it could be the onset of depression that stems from all of the other problems caused by the injury. Basically, pain and suffering are non-quantifiable emotional and physical problems caused by an injury.
The fact that pain and suffering are non-quantifiable and therefore cannot be assigned a precise monetary value is why they are not covered by workers compensation. Workers compensation is meant to cover medical expenses and the subsequent wage loss due to limited earning capability after an accident. It does not cover pain and suffering since, unlike medical bills and lost wages, they cannot be accurately measured.
However, if the worker develops a mental disorder that can be directly correlated to their workplace injury, then they may be able to get compensation for that disorder, especially if it directly affects their ability to work. For example, a worker could develop chronic pain as a result of their injuries, which could lead to other mental and emotional problems like insomnia or depression. If that happens, then the worker could receive extra compensation to help take care of their condition.
How Workers Can Get Compensated for Pain and Suffering
Even though employees cannot get compensation for their pain and suffering from workers compensation, they may be able to get it by other means. Pain and suffering are common elements of regular personal injury cases, so if a worker’s injury was caused by the negligence of someone else, then they could file a separate personal injury suit against the negligent party. That is in addition to receiving workers compensation benefits for getting injured on the job.
An example of such a situation would be if a grocery store worker was attacked by someone while restocking the shelves; the worker is eligible for workers compensation but they can also file a personal injury lawsuit against the person who attacked them in order to receive compensation for their pain and suffering. There are other such examples, such as if a delivery driver got struck by a distracted driver. The delivery driver can get workers compensation but they can also file a personal injury suit against the negligent driver. Basically, a worker can receive compensation for pain and suffering if a third party was responsible for their injury while the worker was on the job.
Contact a Personal Injury Attorney for Help with Your Pain and Suffering
Workers compensation does not pay for pain and suffering and that is unlikely to change, so if you want to receive compensation for pain and suffering, then your best recourse is to file a personal injury lawsuit if your situation warrants one. You will need the help of an experienced personal injury attorney when you decide to take that course of action. Your attorney will do their best to make sure that you get compensated for any thing that is not covered by your workers compensation, and that includes your pain and suffering.