Can I Get Pain and Suffering Compensation if I am Hurt at Work?
Maybe. If your injury was the fault of a company that is not your employer, you may have a “third-party” claim for pain and suffering compensation. You can contact our lawyers for a free case review.
One of our clients was on the job when he was severely burned. With burn cases, a significant amount of a settlement is for pain and suffering, and those who have been injured in this way know why. Attorneys Fred Pritzker and Eric Hageman represented our client and found a number of companies that could be “liable” (legally responsible). They sued these companies and won over $10 million for our client. This is what needs to be done in work injury claim cases. Your lawyer needs to dig until he or she knows every company that can be sued for compensation. If you want to speak to Fred or Eric for your free case review, write that on our online free consultation form before you submit it.
Workers’ Compensation Does not Provide for Pain and Suffering
If you are an employee, you cannot sue your employer for work-related injuries. Your only legal remedy
is the workers’ compensation benefit to which they are entitled, unless you have a third-party claim. This means that you cannot sue your employer for pain and suffering, emotional distress, disfigurement and loss of quality of life associated with a work injury.
When Can I File a Lawsuit?
You can get pain and suffering if you have a “third-party claim”:
- Someone working for another company caused your injuries (you can sue that company);
- You were working as an independent contractor for a company, and that company is at fault (you can file a lawsuit against the company you were working for as an independent contractor);
- You were injured by an independent contractor doing work for your employer (you can sue the independent contractor and his employer);
- You were injured at work on property not owned by your employer (you can sue the property owner);
- You were injured by a defective product (you can sue the manufacturer).
For example, you are hired as a self-employed tow truck driver. Before hiring you, the company insists that you purchase workers’ compensation. As you are attempting to place the hook of the tow truck under a vehicle, the hook separates from the towing rope and hits you in the eye, resulting in your eye being gouged out. You will get workers’ compensation benefits under your policy, and you will also have the right to sue the towing company for negligently maintaining the tow truck and negligently providing you with a defective tow truck. If you can prove negligence, you can recover amounts for your lost wages, medical expenses, pain and suffering, disability, disfigurement, loss of quality of life and other damages. The amounts you recover in your negligence suit will most likely be far more than your modest workers’ compensation benefits.
How Much Money Will I Get?
The amount you recover in a settlement or verdict will depend on a number of factors, including the severity of your injuries. Our lawyers have won millions for clients with serious injuries: