You cannot request compensation for the pain and suffering you undergo as a result of a workplace accident under the limitations of workers’ compensation. You can, however, consider the option to file a personal injury complaint with a local court if you believe that your injuries entitle you to compensation for pain and suffering. A workers’ compensation lawyer can help you determine what that potential compensation may look like, with the caveat that you cannot claim twice on coverage for any medical bills related to your accident.
Fighting for Additional Compensation After an Accident
If you believe you have not received adequate compensation based on your conditions, you can continue to fight for support after an accident. A workers’ compensation lawyer can help you determine what your potential settlement may be, based on your losses and the circumstances surrounding your accident. This additional compensation does not apply to every case.
Representing You While You Fight for Justice
You do not always have to take concerns regarding your compensation to court. Instead, a lawyer can represent you either in court or in in-person negotiations with the party you wish to hold liable for any losses not covered under a worker’s comp agreement. This could be damages from another party outside of the employer who was somehow negligent, or if your injuries warrant additional payout in a personal injury case.
It is possible for those liable parties to reach out to you with a potential settlement, should your accident be traceable to product failure or another form of negligence within a workplace. In these cases, you do not have to accept that settlement out of hand. Instead, you can reach out to a lawyer and determine whether or not the offered settlement addresses all of your concerns. If it does not, a lawyer can negotiate on your behalf for what compensation you believe you may deserve.
The attorney can perform much the same role if you choose to reach out to a liable party on your own time. In these cases, you can calculate your potential compensation ahead of time and present these calculations to the party you wish to hold liable for your losses. Again, an attorney can negotiate for you, to the point of managing communications with a potentially liable party for you to limit your stress and otherwise aid your recovery.
You can work with an attorney to craft a complaint against the party and take that complaint to a local court if the settlement for your additional losses is insufficient.
Bringing Together Evidence for Your Case
To seek out a settlement to cover pain and suffering not included in a workers’ comp claim, you must address your workplace accident with care and determine what, specifically, went wrong. Through these means, you can establish a negligence case or a case based on similar means to present to a court.
If you intend to seek pain and suffering damages from an employer, you may only receive payment for non-medical damages, since a workers’ comp claim covers medical expenses. In the event of a case against a third party, you can seek multiple types of awards, including those for pain and suffering.
Potential forms of evidence when addressing a workplace accident can include:
- Police reports from the day the accident occurred
- Building schematics detailing neglected repairs, machine failures, or otherwise dangerous conditions
- The presence of asbestos or other substances in a building
- Your injuries, their severity, and what treatment you may need in the months and years to come to restore your previous quality of life
Estimating Your Potential Compensation
Your potential compensation outside of workers’ compensation will depend on the circumstances that led to your condition. Many of these damages will be economic, but be aware that you cannot be compensated twice for medical bills, medical aids, and other tangible expenses.
Although you cannot get pain and suffering from workers’ compensation, you can request other non-economic damages should you file a claim or lawsuit against your employer. Each case is unique, and evidence, arguments, and types of compensation will all hinge on the original circumstances of your workers’ compensation case.
You Can Work with a Workers’ Compensation Lawyer to Fight for Support
If you find yourself concerned about legal expenses while still wanting to pursue justice for your losses, the team at Ben Crump Law, PLLC can help. The firm works on contingency to allow individuals to fight for what compensation they may be owed.
While you cannot request pain and suffering in a workers’ compensation claim, you can pursue such compensation in court or through an insurance claim. The team at Ben Crump Law, PLLC can help you bring together a complaint that outlines your potential avenues for compensation and figure out if you are entitled to additional awards for pain and suffering.
To reach out and start building your case, call (800) 603-4224.
