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How pain and suffering relate to workers’ compensation

| Jan 3, 2019 | Firm News, workers' compensation

Discussions about personal injury often involve the subject of pain and suffering. While pain and suffering can take many forms, generally it refers to both the physical and emotional distress a person suffers as the result of an injury. Some people may wonder if, in the event they are hurt on a Kentucky jobsite, workers’ compensation would cover their pain and suffering.

As FindLaw explains, workers’ compensation does not provide coverage for pain and suffering experienced by an injured worker. Kentucky workers who are hurt may face persistent physical challenges due to their injuries and feel angry or frustrated because they cannot enjoy their usual hobbies or perform tasks that they used to accomplish with no difficulty. However, workers’ compensation will only cover tangible economic costs such as medical bills.

This is not to say that workers’ compensation would not cover things that may relieve your pain and suffering. For instance, a workers’ comp payment can cover treatment that improves your physical condition. You might also receive payment to retrain in a new profession that can improve your quality of life. Additionally, ailments that you might consider pain and suffering, such as emotional depression, are likely to stem from your injury. Workers’ comp could pay for treatment for those issues.

However, while accepting workers’ compensation forecloses suing an employer for pain and suffering, you may have a claim against other parties other than your employer for pain and suffering damages, such as individuals or products that helped cause the injury. But since Kentucky law, as FindLaw points out, only affords you a year proceeding from your accident to file suit, you will have to choose a course of action fairly quickly. Asking an experienced attorney for counsel can help you resolve crucial questions in a timely manner.