Can You Sue Workers’ Compensation for Pain and Suffering?

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An on-the-job injury can result in more than the loss of your wages — it can also result in pain and suffering. But workers’ compensation in Atlanta does not include damages for pain and suffering. Find out whether or not you can get paid for your troubles and how you can get help.

Does Workers’ Compensation in Atlanta Include Pain and Suffering?

Workers’ compensation laws vary by state. However, there are some similarities among all of the states in the US. No matter where you live in the US, you can’t sue workers’ compensation for pain and suffering.

Unfortunately, Georgia is no different than the other states. If you file a workers’ compensation claim in Atlanta, you are only eligible for two things. First, you are eligible for your lost wages from missed worked. Secondly, you are eligible for money for your medical expenses.

By filing your case, you give up any right to sue your employer for pain and suffering. Although you might have emotional trauma and significant pain, your hands are tied.

What Can You Do?

It IS true that you can’t file for workers’ compensation in Atlanta and still get paid for your pain and suffering. However, all isn’t lost. The legal system has many loopholes and other laws that can protect you. Here are a few ways you might be able to fight back for the money you deserve.

1.   File an Emotional Distress Claim

In some states, you can file an emotional distress claim. This claim is different than your workers’ compensation claim and is a separate case. However, Georgia does not allow you to file both types of claims. Emotional distress claims are more relevant to personal injury cases.

2. Sue Your Employee for Unpaid Workers’ Compensation

If your employer fails to pay you the money you earned from your workers’ compensation case, you can sue them. Although you might be upset about needing to take legal action, you shouldn’t be.

When you need to sue your employer for the money, you get an opportunity to sue for pain and suffering. This loophole makes it possible for you to get more than your wages and medical expenses.

3. Opt Out of Workers’ Compensation

Currently, only Texas and Oklahoma allow employees to opt out of workers’ compensation. The laws in Georgia require employees to participate in workers’ compensation programs.

4. Sue for an Injury from Someone Other than a Co-Worker or Employer

Even if an injury occurs in the workplace, the injury could be caused by someone other than an employer or co-worker. If this happens to you, then you can sue the individual for pain and suffering.

It is possible for you to still have a workers’ compensation claim and a pain and suffering case against another party. However, it’s a complicated case that requires expertise.

4. Work with a Lawyer

There aren’t many ways to get workers’ compensation in Atlanta. It’s a complex issue that can be difficult to understand. When you handle it on your own, you could experience some challenges.

If you want to find out more about getting pain and suffering for your work-related injury, you should speak to a lawyer. There might be a way for you to get money for your pain and suffering, but you need to speak to an expert to learn about your options.

November 12, 2018 · Tim Kevan · Comments Closed
Posted in: Uncategorized