It’s not unusual for an employee who has been injured while on the job to experience pain and suffering immediately after the injury, but for weeks, months, and even years after treatment and rehab are finished. While employees in all fifty states, as well as federal employees, are either covered under federal or state workers’ comp laws, workers’ compensation benefits don’t include punitive damage or damages for pain and suffering.
If you suffer an injury while on the job, you should pursue a workers’ comp claim against your employer in agreement with the California workers’ compensation system. The goal of workers’ compensation benefits is to provide you with the medical treatment necessary for you to recover from your injury or illness, to partially replace the income you’ll lose while in recovery, and to help you return to work. You can’t sue for pain and suffering. This was part of the legislation that requires employers to provide benefits even if the employer was not at fault for the injury.
If you are hurt by a third party, that is a party other than your employer, there are some legal options that you can pursue which can increase the likelihood of winning a pain and suffering claim. These types of lawsuits can be complicated and involve other statutes which is why it is very important to consult an attorney who specializes in workers’ comp and disability law early on in the claims process. Attorney Kim LaValley at Gold Country Workers Comp Center has been practicing law for over 38 years and has helped many clients successfully resolve workers’ comp cases.
What you can sue for:
If a third party, other than your employer, was responsible for your injury, you may be able to receive compensation for pain and suffering, full lost wages, lost earning capacity and more by filing a personal injury lawsuit against that party. In this case, you may bring a separate lawsuit that would be allowed under workers’ compensation rules. You may also bring a personal injury lawsuit against your employer if you were injured as result of his or her “serious and willful” conduct.
There are other exceptional situations in which you may be able to file a lawsuit against your employer including if your employer carries no workers’ compensation insurance.
Although workers compensation can provide for the cost of medical treatment, partial lost wages while recovering and some partial permanent disability payments, it will not compensate you for pain and suffering.
What you can expect:
If you’ve been injured on the job, the workers’ comp claims process allows you to pursue benefits without having to go through the process of proving who was at fault. However, the benefits which you receive are limited to compensating you for medical costs, a portion of your lost wages while you’re recovering from your injury, frequently and if a full recovery is not attained, a partial permanent disability payment and job retraining, if necessary.
There are some circumstances when suing for pain and suffering is possible by filing a civil lawsuit against your employer. If you’re eligible to take this course of action, you may not be limited to the payouts provided by workers’ comp.
Filing a civil lawsuit against your employer is a complex and complicated process. There are strict statutes of limitation involved as well specific documents that need to be filed. That’s why it’s in your best interest to contact Kim LaValley at Gold Country Workers’ Comp Center. Kim and his staff have experience working with insurance companies and other attorneys to ensure that you get the compensation, through settlements or jury awards, that you deserve.
