1. Can I collect for my pain and
suffering under workers’ compensation?
No. Pain and suffering is not a benefit under workers’
compensation. Pain and suffering is only paid in negligence claims.
Workers’ compensation is the exclusive remedy against employers for work
related injuries. Therefore, you cannot sue your employer for pain and
suffering for a work related injury even if your injury was caused by
the negligence of your employer or a co-worker.
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2. Can I make a negligence claim against anyone else
besides my employer?
Yes. In addition to collecting workers’ compensation,
you have the right to make a claim against anyone other than your
employer whose negligence caused your injury. This is called a third
party claim. For example, you may have a claim against the driver of a
vehicle that caused an accident. You may have a claim against a general
contractor for an injury on a construction site while you were working
for a sub-contractor. Other claims are those against manufacturers for
defective machinery, against premises owners for a defective condition
that caused an injury and claims against maintenance companies for failing to
keep an area safe and free of defects such as ice in a parking lot.
These are just a few examples of the types of third-party claims that
you may have.
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3. Do I have to repay what I received in workers’
compensation from my negligence claim?
Yes. The workers’ compensation insurance company will
have a “lien”, or claim, against any money you recover from a negligent
third party. A negligence case will entitle you to recover for all of
your lost earnings, medical expenses and pain and suffering. Since part
of your lost wages and all of your medical expenses were paid by
workers’ compensation, you are required to reimburse the insurance
company that paid your benefits from any money you receive in your
negligence case. In this manner, you do not collect twice for the same
claim and the workers’ compensation insurance company gets reimbursed by
the party who was ultimately found responsible for your injury. Very
often, the amount to be reimbursed is subject to negotiation.
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