If a workplace injury left you seriously injured, you might be able to sue for pain and suffering, depending on who the negligent party is.
Injured workers can sue negligent third parties for pain and suffering, unless an exception applies that allows them to sue their employers. To recover compensation for your non-economic damages from a workplace accident, you must file your lawsuit within the statute of limitations in your state. Our lawyers can calculate your non-economic damages prior to filing your claim and support your request for pain and suffering by presenting evidence. Such evidence might include expert testimony, your medical records, and your own statements. On top of non-economic damages, you might be able to recover economic and punitive damages after a workplace injury.
Call The Reiff Law Firm’s Philadelphia workplace injury lawyers at (215) 709-6940 to set up a confidential and free assessment of your case today.
When Can You Claim Pain and Suffering After an Accident at Work?
Generally speaking, injured workers cannot sue their employers, provided their employers have the required insurance coverage. Instead of filing a lawsuit, an injured worker often files a Workers’ Compensation claim to recover certain damages, excluding compensation for pain and suffering.
However, if a negligent third party is liable for your injuries, you might be able to sue for non-economic damages. In many states, you cannot sue an employer for a workplace injury unless your situation meets an exception. For example, victims can often sue for intentional injuries. Workers’ Compensation typically doesn’t cover independent contractors, letting them sue for workplace injuries in most cases.
Furthermore, depending on your state’s laws, you might be able to sue your employer for negligence if they do not have the necessary insurance coverage. For example, injured workers might sue employers who intentionally cause injuries or do not have insurance to cover injuries. Furthermore, if your employer violated Occupational Health and Safety Administration regulations, you might be able to pursue additional damages against them.
Who Can Injured Workers Sue for Pain and Suffering?
In most cases, injured employees cannot sue their employers for any damages due to a workplace injury, including non-economic damages. Because of this, our lawyers can investigate the accident to confirm whether a third party is liable.
By filing third-party work injury lawsuits, victims can recover greater damages than what might have been available in an insurance claim, like compensation for their pain and suffering. For example, suppose a negligent driver hits you while you are working on a roadside construction site. Although the injury happened at work, you can likely sue the driver instead of only filing a Workers’ Compensation claim. However, if your employer shares partial fault for failing to erect safety barriers – for example – you might not be able to sue for that portion of the damages.
If a defective product malfunctioned and hurt you, we can review the chain of supply to confirm who along the way was responsible for the defect and caused your injuries.
How Soon After an Accident Should Injured Workers Sue for Pain and Suffering?
If non-economic damages are available in your case, recovery might become even more crucial. Because of this, knowing exactly when to file your lawsuit after a workplace accident is important.
Generally speaking, victims must file third-party work injury lawsuits according to the statute of limitations for general personal injury claims. In Pennsylvania, for example, that is two years from the date of the accident.
If you file your case too quickly, you might not fully appreciate how your injuries impact your life. For example, your physical recovery might take longer than anticipated, causing you further pain and suffering that you did not expect. Our lawyers can calculate your total economic and non-economic damages before bringing your claim.
Victims who make claims for pain and suffering long after a workplace accident might have difficulty proving that their difficulties are due to the accident. Because of this, you should not delay your case for any unnecessary reasons.
Finally, if you do not file your lawsuit by the deadline, the court may dismiss your claim, barring you from recovery of any kind, including non-economic damages.
How Can Injured Workers Prove Pain and Suffering in a Lawsuit?
Proving pain and suffering is often difficult because such damages do not have any inherent monetary value. We can help show the jury exactly how the defendant’s negligence has impacted your quality of life following a workplace accident.
Our workplace injury lawyers may ask you how the accident has impacted your emotional and mental well-being. It is common for victims of catastrophic accidents to be diagnosed with anxiety, depression, or post-traumatic stress disorder.
You can also examine the changes in your life that are caused by the injuries. For example, have you sustained a permanent injury that prevents you from working? Can you no longer play with your kids or walk your dog? Be transparent about your pain and suffering so that our lawyers can calculate your deserved recovery.
Victims can recover compensation for their physical pain and suffering by showing the jury their medical records and giving statements about how their injuries limit them. Victims can also talk to therapists to work through difficulties following an accident. These individuals can testify in court about your treatment since the incident and any diagnoses you might have received for anxiety or depression.
We can support your request for pain and suffering damages by helping calculate your overall total for non-economic damages. To do this, we might use the “per diem” or “multiplier” method. The former method applies a monetary value to your daily pain and suffering, while the latter method is based on the severity of your injuries and your economic damages Once we calculate your non-economic damages, we can request them in your complaint.
On top of non-economic damages, victims might be able to recover punitive damages in third-party work injury lawsuits, depending on the level of negligence exhibited by the defendant. For example, if a product manufacturer knowingly distributed a defective product, and that product exploded and injured you, the product manufacturer might be reckless, entitling you to punitive damages. Notably, Workers’ Compensation doesn’t cover non-economic damages or punitive damages, which is why our lawyers will see if pursuing a lawsuit is a possibility.
Call Our Lawyers About Your Workplace Accident Today
The Reiff Law Firm can assess your case for free today when you call our workplace injury lawyers at (215) 709-6940.
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