For someone who works hard to earn a living, getting hurt at work is one of the worst scenarios imaginable, isn’t it? Not only are you dealing with the pain of the injury, but you’re also facing medical bills, missed paychecks, and the stress of figuring out what comes next.
In many cases, physical injuries often come with emotional scars and long-term challenges that go far beyond medical expenses and lost wages. So, it’s perfectly normal to wonder, “Am I being fully compensated for everything I’m going through?” If you’re asking yourself this, you’re not alone—and our workers’ compensation attorney at Koh Legal Group is here to help clear things up and determine if you can get pain and suffering with workers’ compensation.
Workers’ Compensation Benefits
Workers’ compensation is meant to help injured workers get back on their feet. It typically covers medical expenses, lost wages, and disability benefits. These payments aim to ease financial stress while you recover.
Here are the main types of available workers’ compensation benefits:
- Medical care benefits cover all necessary medical treatments, including doctor visits, surgeries, medications, and physical therapy. They aim to restore health and enable employees to return to work.
- Temporary disability benefits replace a portion of lost wages while the employee recovers from a work-related injury. They typically pay about two-thirds of pre-injury wages, subject to state-specific limits, and end when the employee returns to work or reaches maximum medical improvement.
- Permanent disability benefits provide compensation for lasting impairments that reduce the employee’s ability to earn wages. Amounts for permanent disability benefits, which are usually paid as weekly payments, are based on the severity of the disability and the worker’s earning capacity.
- Supplemental job displacement benefits come in the form of vouchers that cover retraining or skill-building programs if the employee cannot return to their previous job. The aim is to help employees transition to a new career after a workplace injury.
- Death benefits support dependents, such as a spouse or children, if the employee dies from a work-related injury or illness. They pay funeral expenses and ongoing financial benefits to surviving family members.
But what about the emotional toll? The frustration, stress, and physical discomfort you’re enduring? Pain and suffering often get overlooked in the workers’ compensation process, leaving many injured workers feeling like an important part of their recovery isn’t being addressed.
Unfortunately, workers’ compensation doesn’t include money for pain and suffering. Even if you’re dealing with emotional distress or lasting physical pain, these aren’t covered under most workers’ comp claims.
What Is Pain and Suffering?
Pain and suffering go beyond physical injuries. This term refers to the emotional and physical distress caused by an accident. It includes things like ongoing physical pain, mental health struggles, and loss of enjoyment in life.
For example, if you’ve experienced constant back pain or anxiety after a workplace injury, you’re dealing with pain and suffering. It’s not just about what happened—it’s about how the injury affects your everyday life. Have you found yourself unable to enjoy activities or struggling with your emotions since the accident? That’s pain and suffering.
Eligibility for Pain and Suffering Damages
So, you’re probably wondering, “Can you get pain and suffering with workers’ compensation?”
Workers’ compensation does not cover pain and suffering damages. The system is designed to provide quick, no-fault benefits for medical bills and lost wages. Emotional distress or physical pain are not typically included in these benefits.
So, how can you recover from pain and suffering damages? You may need to explore other legal options, such as filing a lawsuit against a third party. These cases arise when someone other than your employer contributed to your injury.
Third-Party Claims and Pain and Suffering Damages
In some cases, a third party may be responsible for your workplace injury. A third party is someone other than your employer or coworker. For example, a contractor, vendor, or equipment manufacturer could play a role in causing your accident.
When a third party is at fault, you may file a personal injury claim against them. Unlike workers’ compensation, these claims allow you to seek pain and suffering damages.
Does this apply to your situation? Think about how your injury happened. Was faulty equipment involved, or did someone outside your company contribute to the accident?
You may need a consultation with a workers’ compensation attorney to determine whether a third-party claim might be an option.
Filing a Workers’ Compensation Claim
Suffering a workplace injury is stressful, but filing a workers’ compensation claim shouldn’t be. Here’s what this process entails:
- Step 1: Report the injury. Notify your employer about your injury as soon as possible. Most states have strict deadlines for reporting workplace injuries, often 30 days or less. Include details about how, when, and where the accident happened.
- Step 2: Seek medical attention. Visit a doctor immediately for treatment, even if your injuries seem minor. Inform the doctor that the injury happened at work so they can document it accordingly. Medical records play a fundamental role in supporting your claim.
- Step 3: Get the necessary forms. Your employer should provide the forms required to file a workers’ compensation claim. If they don’t, contact your state’s workers’ compensation board for assistance. These forms outline your injury and its impact on your ability to work.
- Step 4: Complete and submit the claim. Fill out the forms carefully, providing accurate details about your injury and its effects. Include supporting documents like medical records, witness statements, or accident reports. Then, submit the forms to your employer.
- Step 5: Follow up on the claim. Once the claim is submitted, monitor its progress. You may need to respond to requests for more information or attend hearings. Keep copies of all communications and documents related to your claim.
- Step 6: Wait for a decision. After review, you’ll receive a decision approving or denying your claim. If approved, you will start receiving benefits for medical expenses and lost wages. If denied, you can appeal the decision.
Have you hit a roadblock in any of these steps? Consider reaching out to our workers’ compensation attorney at Koh Legal Group to get all the help you need and fight for the benefits you deserve.
- Note: Beware of the statute of limitations when filing your claim. This statute sets a deadline for pursuing a claim. Missing this deadline could result in losing your right to benefits. In California, the statute of limitations is generally one year from (a) the date of the workplace accident or (b) the date the employee reasonably should have known that their injury was related to work (California Labor Code § 5405).
Workers’ Compensation Exceptions
While workers’ compensation usually does not cover pain and suffering, there are exceptions. In certain situations, injured workers may have legal options to pursue additional compensation. These cases typically involve intentional harm or gross negligence by an employer.
- Examples of intentional harm: An employer physically assaults or harms an employee on the job or management knowingly forces workers to use broken or unsafe equipment at the construction site, which results in a construction site accident.
- Examples of gross negligence: An employer fails to fix known safety hazards, like exposed electrical wires or unstable scaffolding, or ignores repeated employee complaints about toxic exposure or unsafe machinery.
Such actions could allow you to sue for damages, including pain and suffering. These situations are rare but worth exploring if you believe your employer acted recklessly.
The Role of a Workers’ Compensation Lawyer
Are you struggling to navigate the legal process on your own? A workers’ compensation attorney can take the stress off your shoulders.
A lawyer doesn’t just file claims—they fight for every dollar you’re entitled to. They dig deep to uncover opportunities you might not know exist, like third-party lawsuits or exceptions for gross negligence. If you’re wondering, “Am I leaving money on the table?” a lawyer can help you figure this out.
Your lawyer acts as your advocate, handling legal strategies, negotiations, and court filings while you focus on healing. They don’t just aim to win your case; they aim to get you every dollar you’re owed. With someone fighting for your best interests, you no longer have to feel alone in the process.
Find Out if You Can Get Pain and Suffering With Workers’ Compensation
Suffering a workplace injury is tough, but not getting the compensation you truly deserve makes it even harder. Pain and suffering can feel like the invisible part of your recovery—something real but often overlooked when pursuing workers’ compensation benefits.
If you’re wondering whether you can recover more than just medical bills and lost wages, contact our Santa Ana workers’ compensation attorney now and set up a time to talk. Call at 213-232-2725 or contact us online.
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If you or a loved one have been injured in an accident, whether at work or elsewhere, contact us to handle your personal injury and workers’ compensation claims.
