Visitor Question

Pain and Suffering in a Worker’s Comp Case?

Submitted By: Anonymous

I picked up a travel case at work and injured my elbow and right arm. I am currently on Workers Compensation leave. My question is: Am I entitled to a settlement for pain and suffering, for an injury at work under Worker’s Compensation?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Workers Compensation rules are a little different than Personal Injury.

They are based entirely on Workers Compensation statutes in your state of residency.

Typically what happens is you will be seen by a Workers Comp medical provider who will assess whether you are injured or not and whether this could have been caused by the workplace situation you describe. Apparently this has happened because you stated that you are already out on WC leave. From there, they will assign a percentage to your disability, for example: Mr. Smith is 25% disabled.

Then they will determine whether you need modifications in order to conduct your job, and they are legally required to make the necessary adjustments if they can within your job description (i.e. a truck driver cannot be modified to light duty and “no driving” and still be considered a truck driver).

If they are unable to modify your job, they should place you in another comparable position.

Lastly, you should be offered either lifetime medical giving you the option of having your care (that is accident related) handled by medical providers for the duration of your life or a settlement.

This settlement will not be arbitrary. It will be based upon a matrix that tells your WC insurance adjuster what you are entitled to based upon your percentage of disability.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 14, 2010

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