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When Can Injured Workers Sue for Pain and Suffering?

By: Anapol Weiss

Workers compensation laws protect people who have been injured in the workplace. These laws ensure injured employees are given specific benefits to which they are entitled, such as lost wages and medical expenses. This is a claim for benefits, not a lawsuit and does not provide any compensation for pain and suffering.

Below are a few benefits injured employees may be able to seek through a workers compensation claim.

  • Medical care bills and related expenses for reasonable necessary treatment for the injury

  • Temporary disability payments if the injured employee must take time away from work due to medical reasons related to work related injuries

  • Permanent disability if an employee cannot completely recover from the effects of the injury and can no longer compete in the open labor market of uninjured workers

  • Death benefits paid to dependent survivors if a work-related death occurs

If you’ve been injured in the workplace, there are also certain situations in which you may be able to bring a lawsuit for your pain and suffering caused by your injuries. For example:

  • If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product

  • If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance

  • If your injuries were caused by the negligence of a third party who is not your employer, you might be able to bring a lawsuit against that third party

It is important for injured workers to understand their rights to bring a case both within and outside of the workers compensation system. An experienced lawyer can assist injured workers and their families in the event of a work related accident. Contact our firm if you or a loved one was injured. We can investigate the situation and answer your legal questions.