Does anyone know if you get a settlement after your injury from workers compensation? i have been receiving a portion of my wages weekly and my doctor bills are paid along with my surgery, I was just curios if they compensate you for pain and suffering after you return to work, or will i need legal representation for that.. I have been off right now for 3 month's and still have to have a surgery! Thank you in advance and take care!
Answer by qdrama1956
Do you have a Lawyer..???? If not get one...they will help you...
Answer by Glenn L
Workmens comp does not take care of this aspect, you need to talk with your HR person and see what insurance covers you in terms of disability, reoccuring disability or whatnot. If you have secondary insurance you need to get a hold of them as well.
Answer by A decent answer
You haven't have had surgery yet so at this time we'll never know what settlement is until you have surgery, go through therapy, go through exams and such.
Pain and suffering isn't offered in settlement, the reason is that we don't know exactly how much pain and suffering is worth. You could argue $ 300,000 while we can say $ 1.00. Sounds harsh but you would have to prove how much it's worth. Instead, some states include a residual which the adjuster would add a few % to the permanent partial disability/impairment award. You can ask an attorney to help you or if you don't like what the adjuster offers you can request a hearing and have the state figure it out.
Ask you adjuster how the state reacts to pain and suffering, or you can call the ombudsman's office at the work comp department.
Don't expect a big pay out, right now your not even close to being rated since you didn't have surgery yet. Give it about 4-5 more months and than your settlement question might be answered.
Happy Healing
Answer by tbone50
You can get a settlement if you are permanantly disabled in some respect.
If you return to work and there is no permanant disability than there is no settlement.
If you reach medical stability and there is a permanant disibilty you will be "rated" by an independant doctor. Your settlement will then be calculated according to the workers comp laws in your state. Each state is different and the calculations vary wildly.
You can also negotiated monies for future medical costs.
As far as pain and suffering goes, there is no such thing in workers compensation.
Good Luck!!
Answer by Mr.PainTrain
I can tell you from experience you need an attorney! I was injured on the job in 06, just got my surgery last year! Without an attorney you may never get your surgery, I had to appear in court and have a judge award me the surgery before WC would pay for it, they simply didn't care. My attorney has done a very good job at getting everything expedited. It's been almost 3 years and we haven't even started talking about a settlement, and I had a fusion and disk replacement in my back. Get an attorney, it doesn't cost you anything out of pocket, they take a small % of your pay to represent you, then a small % of any settlement in the end.
Answer by Purseaholic
There is no compensation for pain and suffering in work comp, work comp is an exclusive remedy for job injuries. There is no determination who is at fault for the injury so you are covered even if you caused the injury yourself. As a result of the no fault system, there are no pain, suffering or punitive damages paid on this. As for a settlement, it is determined by your doctor if there is some sort of functional impairment. Each state has different statutes regarding any settlement that you MAY get. You need to discuss this with your adjuster, they can give you better information than this forum. However, work comp is not a system that rewards you if you get injured, it is there to assist you until you are able to return to work. So do not plan on getting a bundle of money because you won't and if you get a lawyer, he or she will take up to 1/3rd of any settlement you might get. You might not get any settlement either. So talk to you adjuster!!!!!
Answer by mbrcatz
You don't get pain and suffering, with workers comp. Even with a lawyer. There's no pain & suffering. Sorry.
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