Compensation for Pain and Suffering in a Florida Workers’ Comp Case
Have you been injured at work? Is your employer and/or its insurance carrier delaying or denying your workers’ comp claim? You do not need to accept their decision. Florida’s workers’ comp laws are designed to protect workers who have been injured on the job. Our attorneys are here to help you receive the compensation and benefits you are entitled to receive when you have been hurt at work.
However, Florida’s workers’ compensation laws limit the type of compensation and benefits you can receive for an on-the-job injury. Understanding these limitations is important. For example, while you can claim damages for pain and suffering in a civil action, workers’ comp laws bar you from receiving compensation for pain and suffering if you are hurt at work in most cases.
What is Pain and Suffering?
“Pain and suffering” refers to the physical pain, mental anguish, and emotional stress you experience as a result of an injury. When you are injured in an accident, you suffer physical injuries that cause stress and physical pain. In a civil lawsuit (i.e. car accident, slip and fall, medical malpractice), you are entitled to receive compensation for your pain and suffering from the party who caused your injury.
However, in a workers’ comp case, you are not entitled to receive compensation for pain and suffering. Workers’ comp laws provide a “no fault” means of receiving medical care when you are injured at work. In other words, you are not required to prove that your employer was negligent or at fault in causing your injury to receive benefits. Furthermore, even if you were partially at fault for your injury, you may still receive workers’ compensation benefits.
In return for providing workers’ compensation insurance to cover injuries in the workplace, the law protects employers from being sued in civil court for damages. However, there are some situations when you may be entitled to sue your employer or another party in civil court to receive compensation for pain and suffering.
Filing a Workers’ Comp Claim or a Personal Injury Claim
Workers’ compensation laws do not protect an employer if the employer purposefully tried to injure you. It also does not protect third parties who may have caused the accident from being held liable for their actions. For example, if you are running errands for your employer and another driver causes a car accident, you can sue the other driver for damages if you are injured in the car accident.
However, you will not be allowed to collect workers’ compensation and receive compensation from a civil lawsuit. For this reason, it can be beneficial to consult an attorney who understands workers’ compensation laws and personal injury law.
Consult With A Boca Raton Injury Attorney
The injury attorneys of The Broderick Law Firm, P.L. have experienced Boca Raton workers’ compensation lawyers and personal injury attorneys. If you have been injured while at work, contact our office for a free consultation. Our attorneys investigate your accident to determine the best course of action to achieve the most positive outcome possible based on the facts of your case.
Contact our office today 1-800-333-3903 to schedule your free consultation.