Pain and Suffering in a Worker's Comp Case?

by Anonymous

I picked up a travel case at work and injured my elbow and right arm. I am currently on Workers Compensation leave.

My question is: Am I entitled to a settlement for pain and suffering, for an injury at work under Worker's Compensation?

Visitor Question:

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

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Pain and Suffering in a Worker's Comp Case?

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Workers Comp 101
by: Law Lady

Workers Compensation rules are a little different than Personal Injury. They are based entirely on Workers Compensation statutes in your state of residency.

Typically what happens is you will be seen by a Workers Comp medical provider who will assess whether you are injured or not and whether this could have been caused by the workplace situation you describe. Apparently this has happened because you stated that you are already out on WC leave.

From there, they will assign a percentage to your disability, for example: Mr. Smith is 25% disabled.

Then they will determine whether you need modifications in order to conduct your job, and they are legally required to make the necessary adjustments if they can within your job description (i.e. a truck driver cannot be modified to light duty and "no driving" and still be considered a truck driver).

If they are unable to modify your job, they should place you in another comparable position. Lastly, you should be offered either lifetime medical giving you the option of having your care (that is accident related) handled by medical providers for the duration of your life or a settlement.

This settlement will not be arbitrary. It will be based upon a matrix that tells your WC insurance adjuster what you are entitled to based upon your percentage of disability.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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Pain and Suffering in a Worker's Comp Case?

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Pain and Suffering in a Worker's Comp Case?