If you have suffered an ankle injury while on the job, you are going to have pain and suffering. Every state sets its own laws regarding workers’ compensation, but in general, most employers must maintain the special insurance coverage. This coverage is available to the workers at no additional cost and is designed to protect both the employers and employees in the event of workplace accidents and occupational diseases. Workers’ compensation includes medical benefits, which cover the costs of medical treatment for the injured ankle. In addition, a portion of the lost wages are paid by workers’ compensation. Usually, this is about two-thirds the regular payrate up to the state set maximum allowable amount. Pain and Suffering Unlike a personal injury claim, workers’ compensation does not offer pain and suffering benefits. Workers’ comp is a no-fault program, so even if you are partially to blame for what happened you will receive your benefits. In a personal injury case, you must prove that the other party was liable for your damages. So, to sum it up, you cannot seek compensation for pain and suffering from your employer when you pursue a workers’ comp claim. There could be an extenuating circumstance, however, in which a third party is liable for some of your damages. In that case, you can pursue a personal injury claim against them to recover compensation for your pain and suffering. As an example, you were working in a warehouse. You were using a ladder, and because of a manufacturing flaw, the ladder collapsed causing you to fall several feet and suffer serious injuries. In that case, you will get workers’ compensation benefits because you were on the job, but you might be able to hold the manufacturer of the ladder liable for damages as well. Pursuing a Personal Injury Claim Against a Third Party If you have a workers’ compensation claim going, pursuing a personal injury claim against a third party can be a challenge. After all, you must show that party’s role in the incident caused your injuries. You must also show negligence was the culprit in your case. These kinds of claims are challenging, so you will need an attorney who handles workplace accidents to help you get your claim in order by gathering evidence and documentation. You should get medical care as soon as possible and you need to make sure an accident is completed accurately. Consult With a Workers’ Compensation Attorney If you have suffered an ankle injury on the job, you cannot file a workers’ comp claim for pain and suffering, but you can receive other workers’ compensation benefits. Complete the Free Case Evaluation Form on this page today, so your details can be shared with a workers’ comp lawyer who will review your case and help you get your case on the right track. Don’t risk losing the benefits that you are entitled to receive after being hurt on the job.
