Pain and suffering under workers compensation

Michigan lawyer explains why pain and suffering is not available under workers compensation.

The insurance industry has gone to great lengths to convince everyone that workers compensation benefits are too generous. Insurance companies want you to believe that injured workers have no incentive to return to work because they get more money on disability. This is a myth and the majority of people who are injured want to get better and return to gainful employment.

The reason that most people want to return to work is because workers compensation benefits are limited and will pay less than regular employment.

You are only entitled to reasonable and necessary medical treatment for your work injury.  This is not health insurance for you or your family. You are only entitled to wage loss in an amount equal to 80% of your after-tax average weekly wage.  Pain and suffering is not available.

Why no pain and suffering

Michigan law used to require that you prove negligence to get compensation. It did not matter if you were hurt but only if you could show that your employer was at fault. This resulted in many injured workers not getting fair compensation and some being overcompensated because of pain and suffering.

Michigan passed its first workers compensation law in 1912.  This law was  a compromise between worker and employer interests.  Workers gave up the right to sue in civil court in exchange for a no-fault based system.  The worker no longer had to prove fault to get workers compensation benefits but gave up the right to sue for pain and suffering.

Any injury is covered

It’s hard to face the reality that a permanent work injury could be worth so little compensation. This is especially true when the insurance company has denied your claim for workers compensation.  Don’t give up hope!

An experienced workers compensation lawyer can help you get additional benefits that the insurance company won’t tell you about.  You can also maximize your recovery with a workers compensation settlement.

Call an experienced workers compensation lawyer at (855) 221-2667.  We offer free telephone advice and there is no charge to evaluate your workers compensation case.

Alex Berman is the founder of the law firm. He’s been representing injured and disabled workers exclusively for more than 35 years.  Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

Related information:

Attendant Care: The hidden benefit that workers comp won’t always tell you about

How a workers comp settlement could increase other benefits

05/01/2011
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