(877) 370 - 5788

Can I Sue Workers’ Compensation for Pain and Suffering?

While Workers’ compensation provides benefits for workers when their injury or illness is a result of or was caused by their work, it does not cover damages for pain and suffering.

It would be best if you spoke with a lawyer at Phoenix Workers’ Compensation Attorneys about your options before filing suit because there are some things you need to consider when suing workers’ compensation policies.

How Long Do you Have to File a Workers’ Compensation Claim?

A worker’s compensation claim must be filed within one year of the injury occurring. Otherwise, your benefits could get cut off, and you will not receive any more money from your employer’s insurance policy. If there are extenuating circumstances that kept you from filing sooner (for example, if you were in a coma), then you should still be able to file a claim.

Are Pain and Suffering Included in Workers’ Compensation?

When you are hurt on the job, your employer’s insurance may offer to pay for your medical bills. It may also cover a percentage of your lost income while recovering from the injury or condition that has taken away part of your work capabilities. In some cases, though, workers compensation may not cover what you need, and in those cases, it is possible to sue for pain and suffering.

How Do You Know if Your Injury Was Caused By Work?

If your injury was caused or made worse because of something that happened at work, then you can sue workers’ compensation for pain and suffering. Examples include: 

  • Slips and falls on the job 
  • Being exposed to toxic chemicals or fumes on the job site
  • Repetitive stress injuries caused by too much work without sufficient rest between shifts and any other injury directly related to your employment.

What If A Third Party caused your injury?

If your injury was caused by somebody else not associated with your employer, for example, in a car accident while you were on the job, you could still sue workers compensation. It also applies if it turns out that there were safety issues at work and they led to an injury or illness. Your lawyer will determine whether it is best to sue the employer or go after a third party in these cases.

What if Your Injury Was by a Product that You used at work?

If you used tools, equipment, and other products on your job that were made faulty in some way, then you may be able to sue workers’ compensation for pain and suffering. Examples include if they did not correctly guard your power tool, it malfunctioned while being used by the employees or if faulty equipment caused an injury that resulted in a dangerous workplace environment.

In conclusion, If you were injured on the job or contracted an occupational disease, you may be eligible for workers’ compensation benefits. Contact your personal injury lawyer to file a lawsuit against them. 

Call Today! (602) 532-0700

google icon