How Are Benefits Awarded Under Workers’ Compensation?
After facing an accident at the workplace, you may be entitled to workers’ compensation for your injuries and damages. However, under the workers’ compensation system, you cannot request a financial award for pain and suffering.
This is due to the constraints that the worker’s compensation statute imposes. Outside of the workers’ compensation system, you may be permitted to file a lawsuit to recover pain and suffering due to devastating injuries caused by others’ negligence.
If you wish to have your workers’ compensation claim evaluated, along with the potential for other claims for pain and suffering, you can retain a Philadelphia Workers Compensation Lawyer. Our expert legal staff will explain the potential value of your claim. If you have received a settlement offer for your claim, you should also confer with experienced legal advisors.
In a workers’ compensation claim, you will be reimbursed for medical and other expenses, and for lost wages. You may also be reimbursed for full or partial disability and loss of future earnings. There will not be any additional compensation for any pain and suffering.
In most cases, the employee cannot sue the employer for the pain and suffering as the workers’ compensation act is designed to be the sole remedy for an injured worker against an employer. You cannot sue an employer or their insurance company for injuries, but must instead file a claim with the Commonwealth of Pennsylvania Department of Labour and Industry.
Receiving pain and suffering awards despite workers’ compensation
There is another alternative for the injured victim. In case an employee has been injured by a third party, there can be a personal injury lawsuit. In a negligence lawsuit, compensation can include medical expenses, pain and suffering, and other bills as well. These expenses will be incurred by the negligent third party and their insurance company.
An employee can file a negligence lawsuit against the third party and their insurance company for a workplace injury. This can be done if the third party contributed to the injuries of the injured worker. This would be an ordinary tort suit that is filed in court and not a workers compensation claim filed against the employer.
In legal terms, if someone is being frustrated due to the pain and suffering owing to serious injuries caused then there is an alternative. You might also experience negativity in the form of anger, humiliation, anxiety, and frustration. In simple terms, if your enjoyment of life has been reduced due to the injuries then it falls under pain and suffering.
What is Workplace Negligence?
Workplace negligence refers to tort claims in which an employer could be held liable for actions which cause harm to others. This situation arises when an employer acts negligently towards an employee in work-related conditions or situations. Workers compensation in contrast, does not depend upon negligence for recovery. It is designed to aid any worker injured on the job.
Tort claims are generally based on either emotional harm or physical harm. For example, a physical injury or an intentional infliction of emotional stress are both torts. If an injury is intentionally inflicted by an employer on an employee, this could also lead to a lawsuit.
People can get compensation for pain and suffering when they file a personal injury lawsuit. However, they cannot obtain reimbursement for pain and suffering in the case of worker’s compensation. In general terms, the worker’s compensation system rationalises and solves the workplace negligence claim between the employers and the injured workers.
What Are The Limitations In Workers Compensation?
There are certain limitations on the worker’s compensation. The employees nowadays get the benefits with much more ease from the employers under workers’ compensation. As per the worker’s compensation, employees will attain the benefits for medical bills and lost wages. The pain and suffering are considered as out of coverage according to the worker’s compensation act.
People who tend to develop any emotional stress or mental stress due to the injury at work are entitled to additional compensation. In case you are dealing with severe chronic pain suffered due to an accident at the workplace then you might suffer from anxiety and depression.
This can also lead to sleep apnea and Post Traumatic stress disorder (PTSD). These are some of the outcomes of workplace accidents. In these cases, people might need medical treatment such as therapies. All these expenses are incorporated under the worker’s compensation act.
There is another alternative for the injured victim. In case, an individual has been injured by the involvement of a third party, then there can be a personal injury lawsuit. After filing the lawsuit, the compensation will comprise medical expenses, pain and suffering, and other bills as well. These expenses will be incurred by the third party’s insurance company.
What Evidence Is Required To Prove Your Case?
In case you want to claim compensation for pain and suffering outside the workers’ compensation act, you need to gather the necessary evidence. Some of the evidence that is required is as follows:
- The police report of the accident, if any, and the first report of injury under the workers’ compensation act, if any;
- The negligence of the third party, and their role on the job site, as well as their responsibility for causing the injury;
- Any description of machinery operated by the third party, and any malfunctioning of that machinery, or irresponsible operation of equipment by the third party;
- The presence of any dangerous substance;
- The severity of your injuries;
- Required medical treatments;
- A full narrative description of what happened at the worksite.
The workers’ compensation system is quite limited in its goals and limits an injured worker’s recovery of damages, however there are a few alternatives. These alternatives can prove to be beneficial for getting full and fair financial reimbursement. A negligence case has the advantage of being heard by a trial court judge and jury, and can cover a variety of parties and issues beyond the employer.
Before pursuing any course of action, you must consider whether the workers’ compensation system will fully address your financial concerns. You must calculate your expenses and losses in your treatment, and proceed carefully. A thorough plan will help reduce your mental stress and help you recover both financially and mentally from your injuries.
To gain the fullest possible reimbursement of your expenses, you can consult a legal professional. The expertise and experience a well-prepared legal office can bring to your case can work in your favor. This will increase the likelihood of you winning full and fair compensation for your claim.