Pain and Suffering Compensation for Work Injury
I recently received a phone call from a potential new client who was seriously hurt at work. They were receiving Worker’s Compensation benefits (wage loss and medical expenses) but wanted to know if they could be compensated for the pain and suffering from their injuries.
There is not a simple answer to this question and every case has to be evaluated on its own facts. Take for example the worker who is hurt while doing their job and it is their own fault. Workers’ Compensation is their only remedy. They will receive their lost wages for the time they miss from work and their medical expenses will be paid.
Another example is the worker who is hurt while doing their job and it is a co-employee’s or the employer’s fault. Again, Workers’ Compensation is their only remedy.
But, in the case of a worker who is hurt on the job and it is because of a faulty product, or a defect in property, or the fault of a company for whom they don’t work, or a person who is not a co-employee, and this list is by no means all inclusive, then the worker may have a claim for compensation for their pain and suffering.
Some examples are a nurse who works at a hospital and falls on a wet floor with no notice that the floor is wet. If the floor is wet because another hospital employee mopped it and left it that way, then she is limited to Workers Compensation benefits. But if the hospital hired an outside company to do their maintenance work and that company left the floor wet with no notice or signs that the floor was wet, the nurse may be able to bring an action against the outside company.
Another example is a worker who works for someone who rents space from someone else. The owner of the property does not properly maintain the property. Because of the lack of maintenance, the worker is hurt. The worker may be able to bring an action against the outside company.
If you or someone you know has been hurt on the job or as a result of someone else’s negligence, call us for a free consultation. We can be reached at 800-560-3388. Or email at [email protected].