There are a lot of things that stress out American workers. They worry about attacks by fellow employees and customers. They worry about property theft, money loss, and/or damage to their possessions. They’re fearful of on-the-job injuries, too.
There’s good reason to be concerned about injuries as there are about 2.8 million non-fatal workplace injuries in 2019.
Are you dealing with a serious work injury? Are you considering filing a worker’s compensation claim? Hold tight.
Our guide has the answers you need to understand how workers comp insurance operates. Discover how does workers comp pay for pain and suffering, and why you shouldn’t settle for a low-quality provider.
Keep reading to learn more!
Understanding Workers’ Compensation Benefits
It is important to understand that navigating worker’s compensation settlement is a complicated process. Pain and suffering are typically excluded from workers’ compensation benefits. That means that workers do not typically receive financial compensation for pain, emotional distress, and any other intangible losses.
However, there are cases in which workers may receive additional benefits if their injury was caused by negligence on the part of the employer. In these cases, workers can make a claim against their employer or the insurer for their pain and suffering. It is important to speak with this workers compensation attorney to understand the limitations in terms of filing a claim for pain and suffering.
Scope Of Workers’ Compensation Coverage
The scope of worker’s compensation coverage is fairly broad, but certain elements of pain and suffering are not typically included. Generally speaking, workers’ compensation covers issues such as:
- medical payments
- temporary disability payments
- job retraining
Payments for non-economic losses such as pain and suffering, emotional distress, or loss of enjoyment of life are not available under worker’s compensation plans. To ensure they are fully covered in case of an injury or illness on the job, workers should be certain to understand the scope of worker’s compensation coverage and what is and isn’t included in their benefits package.
What Are Pain and Suffering?
Pain and suffering are a form of non-economic damages which seek to compensate an injured person for the experience of physical and mental anguish. This includes pain in the present and can also account for continued pain in the future. Pain and suffering often include distress, emotional hardships, loss of enjoyment of life, and decreased quality of life.
Exclusion Of Pain And Suffering In Workers’ Compensation
Worker’s compensation does not include pain and suffering in the benefits given to employees. This is largely due to the exclusions of non-pecuniary losses. Unfortunately, those losses can often result from workplace injuries.
As a result, workers, suffering from physical or mental distresses, may not be able to seek compensation for the full extent of the damages suffered. This limitation can be disheartening, and even more so if the employee has been unable to return to their job since the injury.
In these cases, a lawyer familiar with the workers’ compensation exclusions of pain and suffering may be able to provide invaluable guidance.
Focus On Medical Expenses And Lost Wages
When navigating worker’s compensation, medical expenses and lost wages are the main factors for receiving benefits. Worker’s compensation benefits generally cover medical bills, lost wages, and even death benefits in cases of serious injury or illness incurred on the job.
Pain and suffering will generally not be covered in benefits, but there are some exceptions, including accidental death benefits or if a worker’s death is deemed to have been caused by stress due to their job. It is important to understand that pain and suffering are not always included and to focus primarily on lost wages and medical expenses.
Jurisdictional Variances In Workers’ Compensation
Jurisdictional variances in worker’s compensation mean the answer to this question can be different depending on the state where an individual resides. In some states, workers’ compensation benefits may provide compensation for intangible losses, such as pain and suffering, while other states may not.
It’s important to understand the laws related to average workers’ comp settlement and the restrictions in place on these benefits as they can vary in different states. Understanding the applicable workers’ compensation laws and jurisdictions complicates the process of navigating worker’s compensation, but it is necessary in order to ensure individuals are able to receive the full and appropriate benefits they deserve.
Seeking Legal Advice For Your Specific Situation
Navigating Workers’ Compensation involves understanding the available benefits, rules, and regulations. Seeking advice from a lawyer can be beneficial if pain and suffering are an important part of your case. A lawyer can evaluate your specific situation and advise you on any potential legal options that could be available to you.
Your lawyer can provide you with guidance on the best course of action for your case, and discuss any legal precedents which may apply to sue the employer for pain and suffering. It’s important to note that laws can vary from state to state, so it’s essential to seek advice from a lawyer local to your state.
Navigate Workers’ Compensation and the Consideration of Pain and Suffering
Workers’ compensation is an immensely important part of employee rights and insurance for injured workers. While work-related injuries may entitle an employee to certain benefits, pain, and suffering are not included.
Larger settlements may include awards for pain and suffering, but this usually comes from outside the worker’s compensation system. Seeking legal counsel is often the best approach to know how does workers comp pay for pain and suffering.
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