Trauma is tricky. Some people experience a traumatic event, like a workplace accident, and can return to their normal life after recovery like nothing ever happened. However, other people have a harder time moving on. The accident changed them. They are now fearful and have self-esteem issues. They struggle to sleep at night and can’t seem to stay awake during the day. They experience problems relating to their spouses or loved ones. They need psychological intervention.
In many personal injury claims, a person who suffers from psychological issues as a result of an accident can make a claim for pain and suffering. However, workers’ compensation benefits do not abide by the same rules and regulations of other legal actions, especially in terms of recovery. Therefore, what benefits does workers’ compensation provide to employees who have experienced a workplace accident?
Will It Pay for Pain and Suffering?
The short answer is no. Workers’ compensation will not cover damages related to pain and suffering. The benefits offered to employees through these compensation programs are typically limited to tangible injuries and financial hardships, but only those with a direct correlation to the incident. While pain and suffering claims might be a result of the workplace mishap, they are likely tied to abstract injuries that are hard or impossible to prove resulted from the accident. Therefore, your employer will argue against any responsibility for such damages. However, there have been extremely rare situations that resulted in the coverage of pain and suffering, but these are likely due to severe instances of neglect and malpractice.
What Will It Cover?
Workers’ compensation typically covers three types of damages: (1) medical expenses, (2) temporary total disability and (3) permanent partial disability. Medical expenses are covered by compensation benefits as long as they are related to the accident and are reasonable. Temporary total disability is usually paid for workers who need to recover from their injuries and cannot work during that time. These payments are typically equal to two-thirds of the worker’s average weekly earnings. Last, permanent partial disability is usually paid to employees to help compensate them for their injuries.
While pain and suffering are real issues that can manifest after suffering the trauma of an accident, workers’ compensation was not designed to address these abstract injuries. Instead, workers’ compensation benefits were created to reduce the financial burden of physical injuries and medical expenses. However, if you feel that your compensation claim is falling on deaf ears, then contact an experienced workers’ compensation attorney, like a work injury compensation lawyer in Boca Raton, FL, to fight on your behalf.
Thank you to the experts at the Law Offices of Franks, Koenig & Neuwelt for their insight into worker’s compensation laws.