It just another normal day on the job, you went to work, punched in and began making your rounds. Of out nowhere, an oil spill on the floor caused you to slip and fall causing injuries to your legs, back and head when it made contact with the ground. You were rushed to the hospital, got admitted, your injuries were treated and after two weeks you were released from the hospital but ordered by the doctor for 5 months rest at home. After being released from the hospital, you started the process of claiming for workers' compensation and were successful in obtaining lost wages and medical benefits.
However, the pain and suffering from your injury still persists and it has left you with so much discomfort that you are curious if you can also recover for pain and suffering from your employer. Well, you are not alone. Many workers' compensation claimants often wonder if money can be recovered for pain and suffering in addition to lost income and medical benefits.
Sadly, this is not possible; at least not from the employer, but from another person. When you have been injured on your job, you are only entitled to lost earnings but not based on how painful your injury was or may be. This compensation is calculated in accordance to three types of benefits, Temporary Partial Disability benefits (TPD), Temporary Total Disability benefits (TTD) or Permanent Partial Disability benefits (PPD).
However, the pain and suffering may factor into Permanent Partial Disability (PPD) but this is left to the doctor to decide if pain should be added to the calculations for your permanent impairment rating. This rating is used to determine the amount of money you should receive.
So if pain and suffering cannot be recovered in workers' compensation claims, then why did it come to mind? Well, pain and suffering is a common feature of personal injury claims. Here, a claimant can recover compensatory damages for income, medical treatment, property loss, emotional distress, loss of consortium, loss of enjoyment and pain and suffering. These damages are usually determined by the judge and jury in a Georgia court of law.
However, if the injury on your job was caused by a third party other than your employer, here you may be able to recover damages for pain and suffering in a civil claim against that third party. This claim can be filed in addition to a workers' compensation claim. An experienced workers' compensation lawyer with legal knowledge of personal injury law can assist you in filing both claims in Georgia.
Sunne Law, founded by Celia Sunne, is a firm that is committed to helping individuals receive the compensation they deserve in workers' compensation and personal injury claims. If you have any questions regarding Sunne Law's legal services, then give us a call today at 404-240-0975. We will provide you with a free initial consultation that will be kept confidential and private. Our character is our destiny and legacy.