Workers’ compensation is insurance that helps employees cover their medical treatment costs and lost wages in an employment injury. In return for this, the employer takes their employee’s right to sue them for the tort of negligence. If you are unclear about what costs are covered under workers’ comp, you could speak with a Virginia workers’ compensation lawyer.
Workers’ compensation is surely a beneficial program. However, it is essential to be fully informed about it before you make a decision to pursue or not pursue it.
Will you get pain and suffering damages from your workers’ compensation insurance?
Workers’ compensation was put in place to provide financial compensation to employees for their medical treatment and lost wages. All your treatment-related costs, including medications, surgeries, appointments, medical tests, etc., and the wages you lose when you are out of work will all be compensated by this program.
However, one drawback of workers’ compensation is that it does not provide any other economic or non-economic damages other than medical costs and lost wages. This means that you would not receive monetary or other forms of compensation for pain and suffering.
Is there any way to get pain and suffering damages after a work injury?
Experiencing an accident and the aftermath of it can be stressful. You may no longer be able to do the activities you enjoy and suffer from pain every day. In some cases, your life may not even be the same anymore. It may seem unfair to not receive compensation for your mental anguish and pain and suffering.
Since the terms of workers’ comp do not cover non-economic damages, it is not possible to get compensation through it. However, if you really want to recover additional damages, you can opt-out of workers’ comp and instead file for a civil lawsuit. A civil lawsuit allows you to file for various kinds of compensation.
However, remember that you cannot sue your employer once you have used your workers’ compensation money. The moment you sign the agreement to the worker’s comp, you lose the right to take legal action against your boss.
Do my pain and suffering play any role in workers’ compensation proceedings?
Workers’ compensation would not pay for your pay and suffering. However, your pain can help prove the severity of your injuries. You can prove the level of your pain with the help of doctors and expert medical witnesses to maximize your compensation. Therefore, your pain does count for something, even though you won’t be directly compensated for it.
Workers’ compensation does not cover many types of damages, but it does cover the necessary ones. If you require financial compensation, you must apply for workers’ comp with the help of an attorney.