1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

Free Consultation

Is Pain and Suffering Included in a Workers’ Compensation Payout?

by FranksKoenig NeuweltJun 13, 2019

Is Pain and Suffering Included in a Workers’ Compensation Payout?

Lake Worth Workers Compensation Lawyer

Employees who are injured on the job are entitled to workers’ compensation benefits. Those benefits cover lost wages and medical expenses. What about the other costs associated with the injury, like pain and suffering? It is extremely rare that any judge would grant a payout for pain and suffering as a part of workers’ comp, but that doesn’t make it impossible to obtain.

To Sue or Not

In some cases, injured workers feel they can receive greater compensation by suing the employer directly, rather than pursuing workers’ compensation. This decision may be best made with the help of a lawyer. Because each state has the same elective system, you cannot sue if you receive workers’ comp benefits. This protects both employer and employees, though an employee can opt to sue the employer in place of receiving benefits in some cases.

Holding a Third Party Responsible

You might be able to recover pain and suffering if the injury was caused by a third party. For example, if your coworker hit you in the parking lot with a company truck, you could file a lawsuit against that coworker, in addition to receiving your owed benefits. Independent contractors and equipment manufacturers could also be considered third parties whom you could sue if the workplace injury was directly caused by those individuals or their equipment.

Emotional Distress Claims

In some states, instead of asking for pain and suffering, employees are allowed emotional distress claims under workers’ compensation. This is typically only successful when the worker can prove the employer willfully caused the injury. It’s a possibility, but it’s difficult to win, especially without a lawyer.

Receiving Professional Assistance

Pain and suffering should be compensated when there was nothing you could have done to prevent an injury or illness. When you are injured on the job, whether at the hands of another person or due to a sincere accident, contact a workers’ compensation lawyer who can assist you in the legal process.

Your lawyer may conduct investigations and interviews, as well as collect evidence to help you with your case. He or she could help you determine whether to collect benefits or pursue a lawsuit. The lawyer could also assist you in holding third parties accountable. With legal representation on your side, you won’t have to suffer unnecessarily.

Getting Started Today

To get started with the legal process, contact a lawyer today. You deserve pain and suffering compensation, and a Lake Worth workers compensation lawyer may be able to help make that happen.

Contact the Law Offices of Franks, Koenig & Neuwelt for their insight into workers compensation claims and pain and suffering.

Palm Beach car accident lawyer

We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!