Can I Get Pain and Suffering Compensation for a Workplace Injury?

Workers’ comp provides various benefits – mainly wage replacement and medical services – for workers who are injured from an accident. The system also compensates employees who develop an injury from repetitive use and other long-term, stressful conditions.

Medical expenses covered by worker’s compensation include hospital appointments, surgery, medications and medical devices, physical therapy, and more. You are also entitled to temporary or permanent disability payments to make up for a percentage of your lost wages while you recover.

Most workers can resume their normal job duties after a few weeks or months of rest and treatment. But even after they return to work, it’s possible that accommodations may be needed on a short or long-term basis to accommodate their medical needs.

If you sustain an injury that causes permanent and serious complications, you may be entitled to permanent disability. The amount you can receive is determined by your disability rating, which is assigned by your treating physician.

If a worker dies from a work-related injury, family members may be eligible to receive payments towards funeral expenses and loss of expected income. If a third party’s negligence is involved, additional compensation for loved ones may be obtained by filing a wrongful death lawsuit.

Since workers’ compensation does not provide payment for pain and suffering, it’s essential to explore your available options for compensation. Here are some of the legal actions you can learn about during a free consultation with a work accident injury lawyer:

• Third-Party Lawsuit – someone other than your employer is liable for the harm you suffered, like a product manufacturer that sold defective equipment or a store owner that failed to maintain their property.
• Psychiatric Injury Claims – if you have what is classified as a psychiatric injury under California’s workers’ comp laws, you may qualify for benefits, with or without a physical injury. However, it’s worth noting that most psych claims are filed as part of a work accident case.
• Personal Injury Case Based on Serious Misconduct – these cases are infrequent, but you may have cause to obtain pain and suffering if your injury was due to intentional misconduct by the employer. These cases are extremely challenging, so make sure to obtain legal counsel right away.

Knowing what types of injuries cannot be included in a WC claim is another important aspect of understanding your rights as a California employee. Of course, any accidents / illnesses that are not a direct result of your job duties are not eligible for benefits from workers’ compensation. Injuries resulting from dangerous or negligent conduct by the employee are also excluded from coverage. For example, a worker cannot apply for workers’ comp if they are responsible for the accident, or they chose to ignore safety regulations that they were made aware of by the employer.

Hiring a lawyer is a personal decision, and there’s nothing to prevent you from taking legal action on your own. However, a WC case can involve complications and nuances that are difficult to figure out by yourself. This is particularly true when you are dealing with negligence by others, which left you with significant trauma to your mind and body. Aside from a claim for workers’ comp, we can talk to you about a third party accident claim and see if filing dual claims for compensation is right for you.

It all starts with a free case review to learn about your rights and legal options. If you decide to obtain representation from our law firm, there is nothing for you to pay under the Zero Fee Guarantee. Since we agree to take your case on contingency, no payment is owed to us until you receive payment from a successful workers’ compensation claim and/or a separate lawsuit. If we do not succeed in recovering your damages, you pay us $0 in legal fees.

Contact DTLA Law Group today and speak with a lawyer that specializes in work injury or illness claims.

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