Are Pain and Suffering Covered Under Workers Compensation?

Workplace injuries often cause financial and emotional stress, which can make life difficult for the victims. If you have been hurt at work, you are entitled to get benefits under workers' compensation insurance. The services that you can get can include lost earnings, medical expenses, and compensation for pain and suffering. 

Anything that affects your quality of life qualifies as pain and suffering. In other words, pain and suffering refer to physical pain and discomfort and negative emotions like sadness, depression, anger, and anxiety caused by your injuries. Read on to learn your legal rights concerning workers' compensation damages for pain and suffering.  

Proof of Work-related Injury

Proving your injury if you are hurt at work is not usually a big issue. All you need to do after a workplace accident is to report it to your supervisor. Your supervisor will write a report in the accident book, and they may also be interested in getting details from other witnesses about what could have transpired. Under the worker's compensation system, the fault is not considered. Additionally, the employees waive their right to sue the employer in the event of an injury. However, there are exceptional cases where you might need to prove how pain and suffering due to work-related accidents have affected your welfare. 

If you are injured at work, you are entitled to get compensation, but it is limited to medical expenses for injuries and lost wages. Depending on the injuries, you can also get benefits for pain and suffering. Some accidents not only cause physical damage but also contribute to psychological distress. Chronic pain can lead to sleep disorders and trauma, and these are considered "compensable consequences." Dealing with the aftermath of a horrific accident at work is not an easy feat for many people. Therefore, if you develop a mental or emotional disorder resulting from a work-related injury, you are eligible to get extra compensation on top of the other benefits. 

Get Treatment

After reporting the work-related injury to your supervisor, you must get workers' compensation forms that you should complete. These forms are mailed to the local office of the workers' board to determine your benefits. Before you complete the claim forms, you need to seek medical treatment so that the doctor can examine your injuries and write a medical report. In some cases, the employer can recommend the physicians or health care providers to visit. However, if you feel that you need additional attention, like counseling and psychological services, you can see your choice expert. It would be best if you talked to your employer before you visit another healthcare provider.   

Consult a Workers' Compensation Lawyer

The workers' compensation system comes with trade-offs, and the employees are not required to prove that their employers were at fault. However, you may still need to consult a professional lawyer to get legal advice on how you can pursue your workers' compensation claim. The legal professionals explain that there are situations where you may need to file a personal injury lawsuit against a third party. This means that you can sue another person involved in the accident and not your employer. Workers' compensation laws are complicated, so it is always a good idea to hire an attorney who understands the law and can help you recover rightful compensation. 

Fighting a Denied Claim

If the insurance company denies your claim for pain and suffering, it may help appeal the verdict. You should follow internal processes to appeal the decision not to award you the benefits that you deserve. Your attorney will evaluate your case and identify the things that should be done to fight the denial. Alternatively, you can file a lawsuit at the court to recover damages for pain and suffering. 

Get an Expert Opinion

The insurance company involved may deny your claim for pain and suffering if you already have an existing condition aggravated by a work-related incident. The insurer can also argue that your injuries are not severe and do not affect your physical performance in different tasks. Your attorney can help you get expert opinions from psychologists or counselors to support your claim. 

If you are injured at work, you are eligible to get compensation for lost wages, medical expenses, pain, and suffering. Since workers' compensation insurance comes with specific trade-offs, the settlement you receive is usually determined by your injuries' severity. Under the compensation system, the employees do not have to sue the employer for work-related injuries. To get the compensation you deserve, it is essential to hire a professional and specialized attorney to handle your case.