Unfortunately, the answer to that question is generally no. Workers’ comp doesn’t provide benefits for pain and suffering. It’s a system designed to give employees benefits in exchange for waiving the right to sue their employer.
If you’re thinking about “suing workers’ comp,” it’s important to clarify what that means. Workers’ compensation is a type of insurance, and like any other insurance policy, you can’t sue it. However, you can challenge decisions made by workers’ comp administrators if your claim is denied. In some cases, you might end up in court, not against the workers’ compensation system itself, but against the employer’s insurance company, or even your employer if they acted negligently or fraudulently.
If workers’ compensation denies your claim or fails to provide adequate coverage, there may be situations where a lawsuit is appropriate:
Workers’ compensation laws vary by state, but they typically cover medical expenses and a portion of lost wages. Worker’s comp generally excludes pain and suffering. However, there are other legal options. If your injury involves negligence from a third party or extreme misconduct by your employer, you may be able to file a lawsuit to seek full compensation, including damages for pain and suffering.
If you’ve suffered a workplace injury and your workers’ compensation claim has been denied, or you believe you have grounds for a third-party claim, don’t navigate this process alone. Contact ShugarmanMehring today to explore your legal options and get the compensation you deserve. Call us or visit our website for a consultation.
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