How Can I Recover Compensation For Pain And Suffering After A Workplace Injury?
After sustaining a work-related injury, you may spend a huge amount of money on medical bills and need to take time off work. On top of that, a work-related injury can result in a great deal of physical and mental pain and suffering. Fortunately, if you sustained an injury while on the job, you may be eligible to file a workers’ compensation claim and recover benefits. However, while an employee who suffers a work-related injury has the right to file a workers’ compensation claim and recover benefits, workers’ compensation does not cover everything. Under the limitations of workers’ compensation, an injured employee cannot ask to be compensated for the pain and suffering caused by their injury. However, an employee who suffers an injury while on the job might have another option for recovering compensation for their pain and suffering.
What Benefits Can an Injured Employee Recover in a Florida Workers’ Compensation Claim?
In a Florida workers’ compensation claim, you can recover medical expenses and lost wages. In the event a worker dies, the family can recover death benefits.
Some of the medical expenses covered under Florida’s workers’ compensation include;
- Prescription medications
- Physical therapy
- Doctor’s visits
- Medical tests
Under lost wages, the following are the types of benefits you can recover;
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Impairment income benefits
Death benefits are awarded to surviving loved ones when an employee dies because of a job-related injury. In Florida, surviving loved ones can receive up to $150,000 in death benefits after an employee dies because of a work-related injury.
How Can You Recover Compensation for Your Pain and Suffering After a Workplace Injury?
If you sustained a work-related injury and have experienced physical and mental pain and suffering, there might be a way for you to recover compensation for your pain and suffering. You can recover compensation for non-economic damages in a personal injury case.
Filing a workers’ compensation claim is normally the only way for a worker to recover compensation for their work-related injury. However, you might be qualified to file a personal injury claim after suffering an injury while on the job. If you suffered your work-related injury because of the negligence of a third party, you can bring forward an injury claim and obtain compensation for your pain and suffering and other non-economic damages. For example, suppose your injury occurred because of a faulty machine. In such a case, you can file a personal injury claim against the product manufacturer and recover compensation for your non-economic and economic damages. However, unlike the case with a workers’ compensation claim, in a personal injury claim, you must establish liability before you can recover compensation.
In order to determine whether you have a valid personal injury claim, you should talk to a qualified attorney.
Contact a Key West & Marathon Workers’ Compensation Lawyer
If you suffered a job-related injury and need help determining whether you can file a personal injury claim and recover pain and suffering damages, contact our Key West & Marathon workers’ compensation lawyers at Florida Keys Injury.