August 6, 2019
Personal Injury Attorney
If you’ve become sick or been injured because of something that happened on the job, the consequences may be more severe than just paying your medical bills and wages for lost time. Unfortunately, worker’s compensation is limited in what it pays for, and you may have to take additional steps to recover these expenses.
Why Doesn’t Worker’s Compensation Pay for Pain and Suffering?
Worker’s compensation laws are a trade-off. Employers have an obligation to pay for the costs of medical care and, in most cases, lost wages, regardless of liability. Even if an employee is responsible for their own sickness or injury, the employer still has to pay. In return, employer’s liability as to pain and suffering is waived.
Worker’s Compensation Does Pay for Permanent Disability
However, you may be entitled to compensation for permanent disabilities under worker’s compensation law. For example, if an injury caused you 20 percent loss of strength or dexterity in an arm, there is a formula to determine an award you would receive for future lost income potential. If you suspect that you might have any permanent disability due to an incident at work, you may want to consult an attorney to ensure that you are receiving just compensation.
What Are Your Options to Recover for Pain and Suffering?
Even though worker’s compensation doesn’t cover pain and suffering, this doesn’t mean your situation is hopeless. In many cases where there is a severe illness or injury, there are some additional circumstances that might allow you to recover that compensation.
- Your employer may have failed to secure adequate worker’s compensation. If the coverage is not adequate, you may be able to sue your employer for this reason.
- Your employer may have caused your illness or injury through gross negligence or intentionally. For example, if your employer knew that you were working with hazardous substances, but didn’t provide protective equipment, this situation might qualify as something you could bring an action for. If your employer struck you, this would also be a comparable situation.
- A third party may be responsible for your pain and suffering, even though the event happened on the job. If you were in a car accident while on company business and you were struck by a drunk driver, you could sue the driver for pain and suffering.
You should not assume that you are not entitled to other damages, nor should you take the word of insurance companies on this matter. Contact work injury lawyers in Milwaukee, WI if you feel you might be entitled to pain and suffering compensation.
Thanks to Hickey & Turim, SC for their insight into workers compensation and recovering from pain and suffering.