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.