How Workers’ Compensation Affects Your Ability to Sue for Pain and Suffering

Workers’ compensation helps injured employees get medical care and lost wages. But it limits your ability to sue your employer. Many injured workers wonder if they can get money for pain and suffering. How does collecting workers’ compensation affect your ability to sue for pain and suffering? The answer depends on the situation.

What Workers’ Compensation Covers

Workers’ comp provides benefits for work-related injuries. It pays for medical bills, lost wages, and disability. But it does not cover pain and suffering. This is a major difference from personal injury claims.

When you get workers’ comp, you give up the right to sue your employer. This is called the “exclusive remedy” rule. It protects employers from lawsuits but ensures workers get benefits quickly.

When You Might Be Able to Sue

In most cases, workers’ comp is your only option. But some situations allow you to sue for pain and suffering.

Third Party Caused Your Injury

If someone other than your employer caused your injury, you may have a case. For example, if a defective machine injured you, you could sue the manufacturer. If a reckless driver hit you while you were on the job, you could sue the driver.

These third-party claims are separate from workers’ comp claims. They can allow you to recover damages beyond what workers’ comp provides. However, they require strong evidence of negligence. An attorney can help you gather proof and build your case.

Your Employer Intentionally Harmed You

Workers’ comp covers accidents, not intentional harm. If your employer purposely hurt you, you might have a case. But proving intent is difficult. These cases are rare.

Intentional harm could include physical assault by a supervisor or knowingly exposing workers to harmful conditions. If you suspect your employer acted maliciously, consult an attorney as soon as possible.

Your Employer Lacks Workers’ Compensation Insurance

Most businesses must carry workers’ comp insurance. If your employer does not have coverage, you could sue for damages. This includes pain and suffering.

In this situation, you may be able to recover full compensation for all your losses, including medical expenses, lost wages, and emotional distress. The legal process can be complex, so seeking legal advice is crucial.

Why Pain and Suffering Matters

Pain and suffering includes physical pain, emotional distress, and loss of enjoyment of life. A serious injury can affect your mental health, family life, and daily activities. Since workers’ comp does not cover these damages, injured workers often feel frustrated.

If you qualify to file a lawsuit, you may receive compensation for:

• Chronic pain
• Emotional distress
• Depression or anxiety
• Loss of enjoyment of life

Many workers do not realize that even though workers’ comp does not cover pain and suffering, they may still have options. A legal consultation can help determine if you have grounds for a claim outside of workers’ compensation.

What You Should Do Next

If you are unsure about your rights, talk to an attorney. Workers’ comp laws can be complex. An experienced lawyer can help you understand your options.

At ShugarmanMehring, we fight for injured workers. If you believe you deserve more than workers’ comp provides, call us today. We will review your case and guide you through your legal options. The sooner you act, the better your chances of securing fair compensation.