While workers’ compensation does cover a lot of things, it does not pay an injured worker for pain and suffering. It is not designed to do so.
The term “pain and suffering” typically refers to non-economic damages that could be recovered in the wake of a workplace accident. The damages are for physical pain, anxiety, mental distress, depression, and other issues. To be clear, workers’ compensation does cover medical costs and a portion of wages lost in the aftermath of an injury accident.
Each workers’ compensation case is different, as is each injury and its eventual outcome. Depending on the circumstances of the accident, there may be a path to recover damages, as well as workers’ compensation benefits. Again, that is solely dependent on the circumstances of the case, how the accident happened, and who was responsible/liable for it.
The main thrust of Arkansas Workers’ Compensation is that injured workers are entitled to reasonable and necessary medical treatment. That means paying for the initial physician appointment, for the medication, diagnostics, hospitalization, and so forth. The employer’s responsibility usually ends two years after a worker’s accident or one year from the last payment received.
Even though an injured worker cannot recover damages for pain and suffering by filing a workers’ compensation claim, there are exceptions where a worker may be able to recover from a negligent third party. Examples would be negligent employees from a different company, a defective product manufacturer, or a vehicle accident caused by a third party.
In many instances, an independent contractor cannot file a workers’ compensation claim but may file a personal injury lawsuit. The difficult part here is that there is often a dispute with the employer over whether or not the worker is or is not an independent contractor.
At the Law Office of Jason M. Hatfield, we know precisely how to handle cases like this, and we distinguish a traditional employee from an independent contractor to proceed with the lawsuit. Independent contractors are typically not directly supervised by the company they are doing work for and they provide their own equipment and safety gear and set their hours. This is diametrically opposite to workers who are employed by the company, must follow the company rules, and use tools and safety gear provided by the company.
If an independent contractor caused your accident and resulting injuries, you may be able to sue for compensation for those injuries. This is referred to as a third-party lawsuit. If the cause of your accident was defective equipment, you may be able to file a personal injury lawsuit against the equipment maker and/or designer. Or, if you were in a vehicle accident caused by someone coming onto the worksite, you can usually file a lawsuit to seek damages that workers’ compensation does not offer.
We have seen cases where an injured worker filed a lawsuit against their employer who did not have workers’ compensation insurance, or the employer’s actions harmed a worker – such as knowingly not following required safety rules and regulations. It is not difficult to find out if your employer has workers’ compensation or not. You can do an online search to check.
The best way to prove any workers’ compensation claim you may have is to keep meticulous records, making notes about everything that you have experienced on your road to recovery. Make sure you keep all receipts for any medical appointments, pharmaceuticals, rehabilitation, massage, or other supportive therapy. Track everything related to your accident, your injury, and your treatment plan.
Make a note of any pain you have, how it is being treated, where it is located, how long you have been in pain, and what drugs you take to alleviate it. While some of the smaller details may not seem important, they are in fact, extremely vital to make your case. The more paperwork you have, the better.
At the Law Office of Jason M. Hatfield, we understand how difficult your journey from injury to wellness is and how it affects you and your family. We are here to help you. Reach out to us to discuss your case. Let’s talk about how we can help you recover the benefits you need to heal.
Contact the Law Office of Jason M. Hatfield Today
If you were involved in an accident at work, reach out to the Law Office of Jason M. Hatfield by calling (479) 361-3575. Our dedicated team of workers’ compensation attorneys is here to help.
Call us today for a free initial consultation and find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.