Can You Sue Worker’s Compensation for Pain and Suffering?

When you’re injured at work, you may expect that workers’ compensation will take care of your medical bills and lost wages. However, many people wonder if they can sue workers’ compensation directly for pain and suffering.

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.

Who Are You Actually Suing?

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.

When Can You File a Lawsuit?

If workers’ compensation denies your claim or fails to provide adequate coverage, there may be situations where a lawsuit is appropriate:

• Denial of claim: If workers’ comp denies your claim, you have the right to appeal that decision. This can involve hearings and even taking your case to court.
• Third-party claims: If a third party (not your employer) contributed to your injury, you can file a lawsuit against that party. For example, if a defective machine caused your injury, you may be able to sue the manufacturer for pain and suffering.
• Employer misconduct: In rare cases, you may be able to sue your employer if they intentionally caused harm or failed to maintain a safe work environment. These types of lawsuits are generally separate from workers’ compensation claims and may allow for pain and suffering damages.

Understanding Your Options

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.

Contact an Attorney

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 Shugarman & Mehring today to explore your legal options and get the compensation you deserve. Call us or visit our website for a consultation.