But what if you’ve suffered a serious injury or illness, such as a broken leg, or if there has been a death in the workplace? In some states, you may be able to sue your employer for damages in addition to workers compensation benefits.
So, let’s take a look at this issue in more detail.
Can I Sue My Employer for Pain and Suffering?
You can sue your employer for pain and suffering. This is called “non-economic loss.” It includes physical injuries like a broken arm or back injury, but it also includes emotional distress from witnessing someone else get hurt.
If you’re injured at work, you might be entitled to recover non-economic losses from your employer.
Injured employees who have not received workers’ compensation payments may pursue claims against their employers for non-economic losses, including pain and suffering. The employee must prove that his or her injury was caused by negligence on the part of the employer.
The law recognizes two types of cases: (1) intentional torts; and (2) negligent torts.
Intentional Torts
An example of an intentional tort would be where an employer intentionally injures an employee. For instance, an employer could fire an employee because he or she filed a worker’s comp claim.
Negligent Torts
An example of a negligent tort would be where an employee slips and falls while walking through a warehouse owned by his employer.
How Do I Know Whether I Can Sue My Employer for Non-Economic Losses?
It depends on whether your state requires you to file a workers’ compensation claim before suing your employer for non-economic losses.
For example, in California, you can sue your employer for non- economic losses without filing a workers’ comp case. You just need to show that your injury was caused by the negligence of your employer.
What Are Some Other Types of Damages That May Be Available To Me?
There are other types of damages that may be available to you, depending upon the circumstances of your case. These include:
Punitive damages – when an employer acts with malice or reckless indifference to the rights of others.
Attorney fees – if you win your lawsuit.
Lost wages – if you were fired due to discrimination or retaliation.
Medical expenses – if you had to pay out of pocket for medical treatment.
Property damage – if you damaged property belonging to your employer.
Reimbursement – if you paid for something that belongs to your employer.
Mental anguish – if you suffered mental anguish due to workplace harassment.
Emotional distress – if you witnessed another person being harmed at work.
Is Compensation Available for Pain and Suffering with a Workers’ Comp Claim?
Yes. If you suffer a compensable injury, then you can recover money for pain and suffering under workers’ comp.
However, there are limits to how much you can receive. Your award will depend on the severity of your injury and the extent of your disability.
When Should I File a Workers’ Comp Claim After Injuries Occur?
You should file a workers’ comp claim as soon as possible after you become aware of your injury. Waiting too long can result in a loss of benefits.
If you wait until you feel better, it might be too late.
Who Is Responsible for Paying My Workers’ Comp Benefits?
Your employer is responsible for paying your workers’ comp benefits.
However, you have the right to bring a lawsuit against your employer for non-payment of benefits. This means that you can collect any unpaid benefits from your employer.
If you do not pursue this option, you lose the right to collect these benefits later.
How Long Does It Take to Get Workers’ Comp Benefits? Will They Cover All of My Medical Expenses?
The amount of time it takes to get workers’ comp benefits varies based on the type of injury you have. The average waiting period is about two weeks.
However, you could also receive benefits within a few days of becoming injured.
The workers’ comp system provides coverage for all of your medical bills. This includes doctor visits, medication, diagnostic tests, physical therapy, and more.
Will I Lose My Job Because I Have A Workers’ Comp Case?
No. If you are injured while working for your employer, then you have no choice but to take leave. This is called “sickness leave.” However, you still earn regular wages during this time.
If you miss too many days of work, then your employer has the right to fire you. This does not mean that you cannot return to work. Instead, you must apply for reinstatement.
What Are Some Common Types of Workers’ Comp Cases?
There are several different types of workers’ compensation cases. Each one has its own set of rules and requirements.
Here are some examples of common claims:
Back Injuries – These occur when someone falls over or twists their back.
Carpal Tunnel Syndrome – This occurs when nerves in the wrist become irritated.
Cervical Spinal Cord Injury – This happens when someone suffers an acute injury to the neck.
Eye Injuries – These happen when someone gets hit by a flying object or loses control of his/her eyes.
Hearing Loss – This occurs when someone experiences damage to the inner ear.
Head Injuries – These happen when someone hits his head on something hard.
Neck Injuries – These happen if someone is struck by a falling object or slips and falls on her/himself.
Final Thoughts
Workers’ comp laws are designed to protect employees who suffer workplace accidents.
However, they may seem complicated at first, but once you understand them, you will know what steps to take next.
Hi, my name is Andrea Symth. A couple of years ago, I was stuck in a dead-end job where the workers were severely underappreciated and overworked. The office was old and falling apart around us, yet management didn’t seem to care.
Last summer there was a fire in the building.
That was what spurred my idea for Can I Sue, an online source to find out whether you have the grounds to sue or not, as well as helpful tips that you might need during the process.
