Each state sets its own laws regarding workers’ compensation. But when it comes to some aspects of workers’ compensation, states have similar laws. One of those laws involves pain and suffering. Most Workers’ Compensation Acts do not allow a lawsuit against the employer for pain, suffering, disability, or for being the cause of the injury suffered by the worker. Usually, a worker injured in a workplace accident will only recover medical expenses for treating the work-related injury and benefits for lost wages. However, in some situations there might be extenuating circumstances that warrant a personal injury claim against a third-party. The third-party would be someone other than your employer, who caused the injuries that you suffered while on the job. Workers’ Compensation Workers’ compensation laws are set by the state, but in general, most employers across the United States must maintain the insurance coverage to protect themselves and their employees. This special insurance includes medical benefits, which will cover the costs of medical care to treat the injury suffered in the workplace accident. In addition, workers’ comp covers about two-thirds of the regularly earned salary of the injured worker, up to a maximum amount that is set by the state. If the individual is unable to return to the same job, workers’ comp might cover the cost of vocational retraining. Sometimes injured workers opt for a lump sum settlement rather than weekly payments. A workers’ compensation attorney can help with such situations. Third Party Accidents You might be able to file a personal injury claim against a third-party who is either responsible for or partially responsible for your injuries. For example, you were working construction when a malfunctioning nail gun led to serious injuries. You can file a workers’ compensation claim because you were hurt on the job, but the manufacturer of the defective nail gun could be held liable for their role in the accident. Furthermore, the manufacturer of the defective part or component in the nail gun could be held liable for damages. Your attorney will be able to tell you if your injuries are from an accident that warrants a personal injury claim against a third party. Such claims can be very complex, so legal knowledge is necessary for pursuing such claims and knowing who to hold liable for what damages. Consult With a Workers’ Compensation Lawyer If you have been injured on the job, you should consult with a workers’ compensation attorney as soon as possible. Your attorney will assess your situation, review your accident, and determine the best way for you to proceed with a claim. Complete the Free Case Evaluation Form on this page to have your details shared with a workers’ comp attorney who is familiar with workplace accidents in your state. A statute of limitations applies, so don’t wait until it is too late. Workers’ comp lawyers work on a contingency basis, so you have nothing to lose. Get your claim on the right track today with the help of an attorney. Additional Resources Can You File a Claim for Pain and Suffering With an Ankle Injury? Time to File a Workers' Comp Claim?
