Can I recover for pain and suffering in workers’ comp?

Recovering for pain and suffering in workers’ comp is nearly impossible but you may consider recover for emotional distress. Also, although workers’ compensation excludes pain and suffering damages, there may be an alternative available: a personal injury suit. Click here to find out more.

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Can I sue my employer for negligence or reckless behavior that injured me? What about workers comp?

Unless your employer did something to harm you on purpose, you generally are not going to be able to sue him for negligence, even if he was egregiously careless and reckless. This is because all states in the US have established a different system called workers’ compensation, which is an exclusive remedy system. Under the workers’ comp system, employers do have responsibility to their employees for work injury, but that responsibility comes under workers comp insurance and lawsuits aren’t permitted.

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When should I contact a workers’ compensation attorney?

If your employer is paying you the full worker’s compensation benefit to which you are entitled and there is no question as to the validity of your claim and the continuation of benefits for as long as you need them, contacting an attorney is not necessary. However, there are certain situations when it may be wise to speak with a lawyer to make sure you are receiving the full protections available to you under the worker’s compensation system.

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