Pain and suffering is the physical pain and discomfort that come with a serious injury. It is also all the negative emotions that come as a result as well including depression, frustration, anxiety, and anger. Pain and suffering can include anything that reduces your enjoyment of life such as missing events and activities.
You can obtain damages to cover pain and suffering through a personal injury suit, but are not included in workers' compensation claims. The latter is simply a legal mechanism to facilitate the resolution of claims between injured workers and their employers. This resulted in a tradeoff between easier workers' compensation claims which do not need to prove employer negligence, but employees are limited to the recovery of lost pay and medical bills.
Legal Means of Compensating for Pain & Suffering
It is possible to recover damages through a workers' compensation claim if your injuries caused you pain and suffering which evolved into a medical or emotional disorder. Similarly, workers who develop sleeping disorders due to their injuries can potentially recover benefits via workers' compensation.
Another means of recovering compensation for pain and suffering is a civil lawsuit against the third party which injured you which recognize pain and suffering as grounds for damages.
This is also an outside chance of recovering for pain and suffering if your employer was not required to have workers' compensation insurance and instead had private insurance.
For further questions regarding workers' compensation or if you have been denied compensation that you deserve, our Ft. Lauderdale workers' compensation attorney can fight for your frights in court.
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