Can I get paid for my ‘pain and suffering’ in my workers’ compensation claim?

If you are trying to negotiate a settlement of your workers’ comp claim on your own, you might be concerned they aren’t offering you enough money. You might be asking yourself, “why don’t I get more money for my pain and suffering?”

Your concern that they are not offering you enough money is understandable. The insurance carrier is always going to try to save money. That’s their job. Regardless of their endless advertisements to the contrary, they are not “on your side” or “like a good neighbor” and you are probably not “in good hands” when you are dealing with them. They are probably not actual farmers either.

However, while the workers’ comp insurance carrier is responsible for treating you for any medical conditions related to your work injury, they do not have to pay you for your pain and suffering. Workers’ compensation claims are different from personal injury claims. If you have suffered an injury due to the negligence of another person, you might be able to recover payment for your pain and suffering.

Workers’ compensation settlements are based on what the carrier believes their medical and wage payments towards your claim will be going forward. If they settle, it is based on the hope that they will save money in the long run.

Be careful when negotiating with an insurance carrier without the assistance of a skilled workers’ compensation lawyer. The insurance carrier has experience and expertise that you do not have, and they are not acting in your best interests.

The statements contained herein are for general information purposes only. This is NOT to be considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure the client’s confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

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