When you suffer a serious injury at work, there will likely be a certain degree of pain and suffering involved. This involves physical pain, mental anguish, and emotional distress. You should be aware that if you file a workers’ compensation claim, you will not be able to recover pain and suffering damages after a work injury in Atlanta. These types of damages are generally only compensable with a personal injury claim based on negligence.
Understanding What Workers’ Comp Does and Does Not Cover
Workers’ compensation is essentially a compromise. When you file for workers’ compensation, you are afforded a certain amount of benefits in a timely manner without having to prove fault on the employer’s part. These benefits are generally limited to a portion of your pre-injury wages, medical care, permanent partial disability benefits, and in some cases, vocational rehabilitation. Pain and suffering and other types of intangible damages are not included in your workers’ compensation settlement. In exchange for receiving these benefits, you agree not to sue your employer.
The workers’ compensation system serves both parties: workers get the benefits they need as soon as possible, and employers are protected from a large degree of liability.
Pursuing Compensation for Pain and Suffering
If a party other than your employer or a co-worker is to blame for your accident and injury, then you may pursue a personal injury case against the third party. Certain elements must be present in order to successfully win this type of case, such as duty, liability, and causation. However, if you’re able to satisfy all of the elements, your personal injury settlement may be far greater than what you recover from workers’ compensation benefits.
If you’re unsure of the best way to pursue your case, we encourage you to call our office for a free consultation. Bader Scott Injury Lawyers can review the circumstances around your workplace accident and determine which types of actions would be most beneficial. Should a personal injury case be in order, we will help you take the steps necessary. Often we represent individuals who file both a workers’ compensation claim and a third-party personal injury claim.
Contact us at 678-562-5595 today to schedule a consultation with one of our work injury attorneys.