When you’re hurt on the job many employees turn to workers’ comp to pay for medical bills and lost wages. Employers are required to carry workers compensation insurance to cover medical bills and lost wages. But the question is: does workers’ comp pay for pain and suffering? Knowing the ins and outs of workers’ comp is key to building a strong case with an experienced Florida workers comp attorney.
This post will dive into the benefits of workers’ comp, additional compensation through personal injury claims and why you need legal help to navigate these situations.
Workers Compensation System
Workers compensation is supposed to be a middle man between employers and injured workers. Employers and their insurance companies often handle workers’ compensation claims in ways that may downplay injuries or delay benefits. It’s supposed to be quick fix, it pays medical bills and lost wages. But workers’ comp benefits are limited and don’t cover pain and suffering.
Medical Expenses
When an employee gets hurt on the job the system kicks in to pay for medical expenses. This includes treatments, surgeries and rehabilitation costs. It also pays for lost wages while the injured worker is recovering. These benefits help injured workers manage their financial burdens while they recover. Workers compensation benefits cover medical expenses, treatments, surgeries, and rehabilitation costs.
System Limitations
While workers compensation benefits are helpful, the system has its limits. It doesn’t pay for non-economic damages like pain and suffering. Instead, it only focuses on economic losses. So if you want pain and suffering compensation, you may need to look elsewhere.
Employer Responsibilities
Employers are required to provide workers compensation coverage to meet these responsibilities. This insurance helps pay for work related injuries, protects both the employer and the employee. But remember this coverage is only for medical and wage related benefits.
What to Know
For those who get hurt on the job understanding the limitations of workers’ comp is key. Knowing what’s covered will help injured workers make informed decisions about their legal rights and other options for additional compensation.
Pain and Suffering
Pain and suffering is physical discomfort, emotional distress and loss of enjoyment of life. These are non-economic damages. Medical bills and lost wages are easy to quantify. Non-economic damages are more subjective. Injured workers may need to recover compensation for pain and suffering through personal injury claims.
Physical Discomfort
Physical discomfort can be minor aches to severe chronic pain.
Emotional Distress
Emotional distress includes anxiety, depression and other psychological issues caused by the injury.
Loss of Enjoyment of Life
Loss of enjoyment of life means the inability to do things that brought happiness. For example an injured worker who can no longer do hobbies or social events suffers a big impact on their quality of life.
In Personal Injury Claims
These factors make pain and suffering a big consideration in personal injury claims. But they’re not covered by a workers compensation claim, which focuses on medical expenses and lost wages.
Other Options
But knowing the full extent of your suffering is important when looking at options outside of workers’ comp. In personal injury cases documenting the extent of your pain and suffering will help you in seeking damages.
Consulting a workers compensation lawyer can help injured workers explore their options for additional compensation.
When Workers Comp Can Pay for Pain and Suffering?
Pain and suffering compensation is available in personal injury cases but not through a workers compensation claim. Workers’ comp benefits pay for medical expenses and lost wages. But they don’t cover non-economic damages like pain and suffering.
Personal Injury Lawsuits
Injured workers can seek pain and suffering compensation by filing a personal injury lawsuit. This can be against third parties responsible for their work related injuries. For example if a defective equipment caused your work related injury you can sue the manufacturer.
Employer’s Intentional Acts
Another situation where pain and suffering compensation might be available is if an employer’s intentional acts caused the injury. In this case the injured worker can go beyond workers’ comp and file a personal injury claim.
Non-Economic vs. Economic Damages
Remember pain and suffering compensation is non-economic damages. This is different from medical bills and lost wages which are economic damages. Non-economic damages compensate for physical discomfort, emotional distress and loss of enjoyment of life.
Pain and Suffering in Special Situations
In some cases mental or emotional disorders caused by physical injuries at work may be covered. Workers’ comp benefits don’t usually include pain and suffering itself. But if a work injury causes depression or anxiety those may be covered. Remember these are exceptions not the rule. If a workplace injury leads to mental or emotional disorders, those conditions may be covered.
Mental Health Conditions
For example if an injured worker develops severe anxiety from a work accident they may be eligible for compensation for that mental health condition. But the physical and emotional pain from the injury itself is not usually covered under workers’ comp.
Complex Situations
Navigating these special situations can be tricky. Injured workers should consult a workers’ comp lawyer to know their rights. Legal advice is important in these cases to make sure all possible benefits are explored.
Other Compensation Options
Injured workers have options outside of a workers compensation claim to recover pain and suffering compensation. One way is through personal injury lawsuits. Unlike workers’ comp claims, personal injury claims can include non-economic damages like pain and suffering.
Personal Injury Lawsuits
If a third party is responsible for the work related injury you can sue them. For example if the equipment was faulty you can sue the manufacturer. This allows you to get compensation beyond what workers’ comp offers.
Claims Against Others
Another option is to look into claims against other entities involved. For example if a subcontractor caused the injury they can be held liable. This increases the options for recovery.
Lawsuits and Third Party Liability
Injured workers sometimes find themselves in a situation where their employer is not the only one responsible for their injuries. In these cases they can file personal injury lawsuits against third parties. This allows them to seek pain and suffering compensation which is not covered by workers’ comp benefits.
Consulting a workplace accident attorney can help explore various compensation avenues.
Suing Equipment Manufacturers
For example if an employee is injured due to faulty equipment they may have a case against the equipment manufacturer. This type of lawsuit goes beyond workers’ comp and focuses on recovering non-economic damages. These damages include pain, suffering and emotional distress.
Car Accidents and Work Related Injuries
And if a work injury occurs due to a car accident on the job the injured worker can file a personal injury claim against the at fault driver. This opens up options to get more than just medical benefits and lost wages. It includes compensation for the physical and emotional impact of the injury.
Third Party Negligence
Filing a personal injury lawsuit means proving the third party was negligent and that their negligence caused the injury. This can be a tricky process but it allows injured workers to get pain and suffering compensation.
Contact an Experienced Florida Workers Comp Lawyer Today!
If you or a loved one has been injured at work and are frustrated with workers’ comp don’t go it alone. Know your rights and explore all options for compensation including pain and suffering.
New clients get a free case review, so contact us today at 954-829-7077!
