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Can I Sue Workers Comp for Pain and Suffering?

Roberts Wilson, P.A. | March 15, 2022

If you suffered a workplace injury in Mississippi, you may be entitled to compensation for lost wages, medical bills, and training for a new job if you can no longer perform your previous duties. However, Workers’ comp benefits do not cover pain and suffering unless there is a third party who is also responsible for the injury.  

The Oxford workers’ compensation lawyers at Roberts Wilson, P.A. are passionate about helping working men and women throughout North Mississippi who were hurt on the job. If you were injured while on the clock, contact our office right away. Our attorneys understand the complexities of workers’ comp laws and we can help you avoid common mistakes that can jeopardize your claim.

Workers’ Comp Does Not Cover Pain and Suffering in Mississippi

Workers’ compensation does not cover pain and suffering in Mississippi (or in other states). The workers’ comp system is designed to help injured workers get back on their feet. As a result, it provides compensation for medical bills, lost income, and certain other out-of-pocket expenses, but it does not always provide compensation for the psychological effects of living with a debilitating injury. 

This does not mean that you should ignore your workers’ comp rights if you’ve been injured on the job. The financial costs of work-related injuries can add up quickly. If you qualify for workers’ compensation, you can receive benefits on a “no fault” basis. This means that you can file a claim regardless of how you were injured (with some limited exceptions)—as long as you take the necessary steps to file a valid claim on time. 

How Can You Recover Compensation for Pain and Suffering from a Work-Related Injury?

If you can’t sue workers’ comp for pain and suffering, how can you recover compensation for these injury-related losses? The answer depends on how your injury occurred. 

To seek compensation for pain and suffering, you will need to file a personal injury claim. Unlike filing for workers’ comp, filing a personal injury claim requires proof of negligence. So, if you accidentally hurt yourself at work, you may be limited to filing solely for workers’ compensation. 

With that said, it is still worth talking to a lawyer to find out if you have a personal injury claim against a third party or contractor. If you slipped and fell, for example, the owner of the building could be liable for your pain and suffering. Or, if you were working with a tool or piece of machinery that malfunctioned resulting in your injury, the manufacturer could be liable for your injury-related losses.

The one major exception to the right to sue for negligence after suffering a work-related injury is that employees cannot sue their employers in most cases. Under Mississippi’s workers’ comp law (and the workers’ comp laws of most other states), employers are “immune” from personal injury lawsuits as long as they comply with the state’s workers comp insurance requirements.   We have successfully sued companies for failing to provide workers compensation insurance to injured workers, so this can sometimes be an option.

How Do You Know if You Have a Personal Injury Claim for a Work-Related Injury? 

To determine if you have a personal injury claim for your work-related injury, you should discuss your case with an Oxford workers’ compensation lawyer right away. 

An attorney will thoroughly investigate the facts surrounding your injury and explore all possible sources of financial recovery. Are you eligible for workers comp? Do you have a personal injury claim that you can use to seek compensation for your pain and suffering? Do you qualify for Social Security Disability (SSD), Veterans’ Disability, or other federal benefits?

Regardless of whether you are entitled to compensation for your pain and suffering, the goal after suffering a work-related injury should be to maximize your financial recovery. The best way to do this is to get a comprehensive assessment of your legal rights as soon as possible. 

Compensation for Pain and Suffering from Work-Related Injuries 

Let’s say you have a personal injury claim for your work-related injury. How much can you recover for your pain and suffering? 

The answer to this question depends on your personal circumstances. Like all forms of personal injury compensation, the compensation you can recover for your pain and suffering is based on the effects you experience as a result of your injury. Generally speaking, the greater the impact an injury has on your life, the more you may be entitled to recover. In addition to determining if you have a claim based on your pain and suffering, your workers’ comp lawyer can also determine how much you should pursue for your non-financial losses.

Call an Oxford Workers’ Compensation Lawyer Today

The workers’ compensation lawyers at Roberts Wilson, P.A. have served injured workers in Mississippi for more than a decade. We are dedicated to helping our clients navigate the difficult legal process and pursue the maximum compensation they deserve as quickly as possible.

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If you or a loved one was hurt in a workplace accident, contact Roberts Wilson, P.A. today online or at (662) 533-9111 for a FREE initial consultation. We proudly serve Oxford, Holly Springs, Batesville, Pontotoc and represent people throughout North Mississippi. We handle cases on a contingency-fee basis, which means you don’t owe any attorney fees unless we reach a favorable outcome in your case.