Pain and suffering is a common injury millions of people suffer every year when involved in an accident. It is also one of the more difficult injuries to prove to a jury or a court because there are no physical, visible, or quantifiable symptoms for a victim to showcase like a broken bone, head injury, or other physical injury. To make matters worse, if you are injured on the job in Florida and experience pain and suffering you likely won’t be compensated for this type of injury under your employer’s workers’ compensation plan. Let’s take a look at this issue and if there are any scenarios where you might be compensation for pain and suffering under workers’ compensation in today’s post.
Workers’ Comp Rules for Pain and Suffering
The sad fact of the matter is that you cannot recover compensation for pain and suffering under workers’ compensation rules. When you file a workers’ compensation claim you are waving your right to sue your employer for your injuries. Pain and suffering is most often associated with personal injury lawsuits, not workers’ compensation claims. Pain and suffering includes depression, anxiety, embarrassment and other emotions associated with suffering a physical injury. Workers’ compensation is considered a no-fault system, which means that you do not need to prove fault against your employer for your injury.
Did a Third Party Cause Your Pain and Suffering?
There is the possibility that your pain and suffering could have been caused by a third party in conjunction with your workplace accident. Who would be a third party? For starters, it would have to be any person or entity who is not your employer. If a third party was involved in the accident that led to your injuries, such as a co-worker, subcontractor, equipment manufacturer or vendor, you might be able to file a personal injury lawsuit against the third party claiming pain and suffering. It’s best to check with an experienced workers’ compensation attorney to make sure that filing such a lawsuit would not interfere with filing a workers’ compensation claim against your employer.
What is a Compensable Consequence?
A compensable consequence is a term you should learn before suffering an injury on the job. This is an emotional injury that is directly caused by your physical work-related injury. For example, you have developed an emotional or mental disorder due to your physical injury, such as chronic pain, that prevents you from sleeping. A lack of sleep can lead to anxiety or depression. It is possible that you could receive additional compensation from your employer for this compensable consequence.
Call to Schedule a Consultation with a Workers’ Compensation Attorney
Were you or a loved one injured on the job in West Palm Beach? It’s important for you to contact an experienced workers’ compensation attorney as soon as possible after the accident that led to your injury. This will help protect your rights and ensure that you are awarded the benefits you justly deserve from your employer. Call the office of Sternberg | Forsythe, P.A., Attorneys at Law at 561-687-5660 to schedule a consultation with an attorney or complete a contact form on the website.
Additional Reading:
What Do I Need to Document for Workers’ Compensation?
Common Mistakes That Can Derail a Workers’ Compensation Claim