Work-related injuries in Kentucky can be extremely painful and have significant effects on your quality of life. Therefore, you might wonder, “Does workers’ comp pay for pain and suffering?” Unfortunately, no. Kentucky’s workers’ compensation system does not provide benefits for your pain and suffering, no matter how much pain you’re in or how your injuries affect your daily life.
However, a potential third-party personal injury claim could help you recover compensation for your pain and suffering from a work-related injury if you are qualified to file one.
Contact a Kentucky workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer today to get help pursuing a workers’ compensation claim and to determine whether you are eligible to file a third-party personal injury lawsuit.
Choosing the Right Law Firm to Seek Maximum Compensation
The key to recovering maximum compensation for a work-related injury in Kentucky – including compensation for your pain and suffering – is to choose a knowledgeable and determined law firm to handle your case. The Kentucky work injury lawyers at Morgan, Collins, Yeast & Salyer have decades of experience handling workplace accident cases and know how a work-related injury can affect all aspects of your life.
We’ve recovered over $400 million in compensation for our clients and can put our experience to work handling all the legal procedures in your case. Furthermore, we’ll explore your case from every angle to identify all possible sources of compensation, including a third-party personal injury claim against someone other than your employer.
While we’re proud of our results and track record, what pleases us the most is hearing from satisfied clients whose lives we’ve improved. Here’s what one client said about their experience with us:
“In March of 2019 my whole world changed. I was hit in the head at work causing a traumatic brain injury. I lost who I was, my ability to do a job I loved, a year of my life. The head injury caused problems with my heart. If you thought the workers’ comp system is confusing with a whole brain, try it with half a brain. The firm of Morgan, Collins, Yeast and Salyer have helped me negotiate through the maze making sure my children and I got what we deserved and were taken care of. I was not an easy client. Angry about my injury and the changes to my personality and the cognitive difficulties. Depressed about the loss of my self and my career made me difficult. Scott Borders took what I threw at him and was a staunch advocate through it all. I would most definitely recommend this firm if You need help negotiating the workers’ comp system. They will have your back.” – Debbie T.
What Kentucky Workers’ Compensation Does—and Doesn’t—Cover
Most Kentucky employees qualify for workers’ comp benefits, regardless of whether they work full-time, part-time, or seasonally. Independent contractors generally don’t qualify for benefits, though. However, the law looks at the actual relationship between the employer and the worker, not just the label. In other words, someone labeled as an independent contractor could actually be considered an employee for workers’ compensation purposes if the employer treats the worker like an employee.
Employers and their insurance companies provide benefits for eligible employees who sustain injuries at work or while performing their job-related duties. However, workers’ compensation typically does not cover injuries sustained during your commute to or from your job.
The benefits that workers’ compensation provides for injured Kentucky workers include:
- Medical benefits – Workers’ compensation in Kentucky covers all reasonably, medically necessary treatments for a workplace injury or illness. That includes doctor visits, hospital stays, surgery, medications, physical therapy, and medical devices and equipment.
- Temporary total disability benefits (TTD) – These benefits provide income for injured employees who cannot work temporarily due to their injury. TTD benefits typically equal two-thirds of the worker’s average weekly wage, up to a maximum set by the state.
- Permanent partial disability benefits (PPD) – If an eligible employee’s injury results in a lasting impairment but does not cause total disability, they may qualify for PPD benefits. The amount depends on the severity of the impairment, the worker’s wages, and a formula outlined in state law.
- Permanent total disability benefits (PTD) – Workers with permanent injuries who cannot perform any work may receive PTD benefits. These payments aim to replace a portion of the injured worker’s lost income for the rest of their life.
- Vocational rehabilitation – If an injury prevents a worker from returning to their previous job, workers’ comp benefits may cover retraining or education to help them find new employment.
- Death benefits – If a workplace injury results in a worker’s death, their dependents may receive death benefits to cover burial expenses and a portion of the deceased worker’s wages.
What Are Pain and Suffering Damages?
Pain and suffering are a type of non-economic damages that compensate for the physical and emotional effects of an injury and their impact on your daily life. Pain and suffering damages are not available from the workers’ compensation system. However, some injured workers can seek compensation for their pain and suffering through a personal injury claim against someone other than their employer or a co-worker responsible for their injury.
Injured workers who win a personal injury claim for pain and suffering can recover compensation for losses such as:
- Physical pain
- Loss of enjoyment of life
- Scarring and disfigurement
- Mental anguish
A successful third-party personal injury claim can also provide compensation for the full extent of the injured worker’s lost income, while workers’ compensation pays only up to two-thirds of lost wages.
Potential Options for Seeking Pain and Suffering Compensation
Filing a third-party injury claim is the primary way for injured Kentucky workers to recover compensation for their pain and suffering. Kentucky’s workers’ compensation system does not allow claims against employers or co-workers, but injured workers can seek compensation from other parties whose negligence caused their injuries. For instance, if a worker sustains injuries in a car accident while driving a delivery vehicle for work, they could file a third-party claim against the at-fault driver.
Our Kentucky work injury attorneys are ready to analyze your situation and determine if you have grounds for a third-party injury claim.
How Our Workplace Accident Attorneys Can Help You Maximize Your Compensation
Our Kentucky workplace accident lawyers understand how a work-related injury can cause significant pain and suffering. Our goal is to maximize your compensation for your injuries. We’ll start by filing a workers’ comp claim and fighting for the full benefits you deserve. We will also analyze your situation to see if you have grounds for a third-party injury claim that would let you seek pain and suffering damages.
If you have a third-party injury claim, we’ll handle all the legal work, negotiate for a fair settlement, or take your lawsuit to court if necessary. We’ll also represent you in any disputes with your employer if they deny or undervalue your workers’ comp claim. You can count on us to stand up for your best interests at every step.
Call Our Experienced Kentucky Workers’ Comp Attorneys for More Answers
Our workplace injury lawyers have the Kentucky Courage needed to fight for your rights and help you secure the money you deserve from every available source. Call Morgan, Collins, Yeast & Salyer now or reach out online for a free consultation.
