As a rule, when you are injured at work, your only option is to file a workers’ compensation case. The law prohibits claims against your employer for negligence which caused your damages. The upshot of this law is that you do not need to establish that your employer acted or managed the workplace wrongly to receive recovery. You only must demonstrate that your employment was a principal factor in causing your injury.
In contrast to personal injury negligence claims, you cannot recoup money for pain and suffering in workers’ compensation cases. Generally speaking, your level of recovery in a compensation claim is a ratio of impairment from before injury took place to after your release. At times pain and suffering can sometimes influence this percentage, but you will not receive extra recovery compensation for pain and suffering itself.
The rationalization for this rule is that you do not have to establish negligence in workers’ compensation cases. Actually, you can even be partially liable for your injuries in a comp case and still remain eligible for compnesation. If you have been injured while at work and are inquisitive about what type of recovery you are allowed, please contact our personal injury firm at Murphy and Pressentin at 866-281-9559. We staff qualified and practiced personal injury lawyers who can respond to your questions or concerns about workers’ compensation.