Unlike a traditional personal injury case, workers’ compensation does not cover pain and suffering. The benefits, instead, are intended to ensure that medical costs are paid and that your family has a livelihood. However, you may receive specified amounts of compensation for certain types of injuries. Worker’s compensation operates under the ‘no fault liability’ system. What does this mean? It means that you can receive benefits, whether you are at fault or not for the accident occurring. If you are injured on the job, you should receive funds from the worker’s comp insurance agency and from your employer through compensation benefits. You should also receive salary replacement if you have seen a physician and ordered to stop working due to your injuries. If, after you have been authorized to stop working due to your on-the-job injuries and your employer refuses, even though the accident occurred at his place of business, a Top accident attorney LV can provide you with legal assistance to protect your rights.
The Person Causing The Accident
Whether it is a simple accident on the job caused by no one in particular or an accident caused by the negligence of another employee or the business owner, you still won’t be entitled to compensation for pain and suffering. While this is unfortunate, it is the law as any Top accident attorney Las Vegas would tell you. If you were injured by someone who worked for another company, then you may be entitled to third party compensation. However, you still cannot be compensated for pain and suffering on any worker’s comp case.
There are only four kinds of worker’s compensation benefits you should look forward to and these are namely:
- Medical Treatment – treatment received due to workplace injury and given by an authorized doctor
- Indemnity Benefits – replacement of salary while employment has been stopped by the treating physician
- Permanent Impairment Rating – a rating assigned by the authorized doctor giving the treatment. The doctor will determine if there are any permanent or partial damages caused by the accident
- Attorney Fees – These are the fees that the insurance company pays to the attorney if you need legal representation for your worker’s comp case
According to any Accident law group, if a third party was responsible for your injury, such as a manufacturer who sold a defective product that injured you on the job, then you can file a lawsuit against this third party. The outcome of your lawsuit will be determined by the appropriate liability laws for your case. For example, in the case of a defective product, the defective product liability rules will apply to determine whether the manufacturer was at fault and whether it should be made to pay damages.
Mental and Emotional Issues
In the event that you suffer from any mental or emotional issues due to the accident on the job, then you have to speak to an attorney who will provide you with legal representation to determine the extent of the injuries and how much worker’s compensation you are allowed under the law. For example, if you were to suffer from chronic pain due to a workplace injury, this may result in insomnia or depression. In such a case, the sleep disorder or depression would be established and determined as ‘compensable consequence.’ You would be able to get medical treatment as well as other benefits for your emotional and mental condition and this would be part of the compensation claim. You would need the Best LV accident lawyer 2 min or more consultation to discuss your case and to establish what needs to be done legally.
Consult a Lawyer
Pain and suffering cannot be legally represented in a worker’s compensation case because it is not a personal injury. That is why you need to consult with an Accident law group 2 min from now to get the scoop about how to handle your lawsuit or claim. You can contact the law firm of Bryan Boyack to discuss the details of your case from the Best LV accident lawyer.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now