Sarasota Exclusions for Pain & Suffering Lawyer
Getting hurt on the job can be devastating, and many workplace injuries in South Florida result in life-threatening and debilitating injuries. Depending upon the nature of the injury and its severity, a worker in Sarasota may be unable to work temporarily, or may suffer a permanently disabling injury that results in an inability to return to any type of meaningful employment in the future. Lost wages begin to add up quickly, not to mention costly medical bills and other healthcare costs. Yet there are other losses that, too, including pain and suffering or the loss of enjoyment of life.
When a worker suffers an injury on the job, she or he may be eligible to seek workers’ compensation benefits to cover certain losses. At the same time, it is important to understand what workers’ compensation benefits cover, and what is excluded. In general, it is not often possible to obtain benefits for pain and suffering. In some circumstances, however, an injured worker may be able to seek compensation for pain and suffering. An experienced Sarasota exclusions for pain and suffering lawyer can help.
Understanding Workers’ Compensation in Sarasota, Florida
Under Florida law, the Florida workers’ compensation system is a no-fault system. This has benefits for both the employer and the injured worker, but it also has limitations. Namely, a no-fault workers’ compensation system results in a number of exclusions, and it prevents the injured worker from filing a lawsuit against an employer whose negligence caused the accident and injury.
In a no-fault system, an injured worker can file a claim for benefits after suffering an injury or illness on the job, or an injury that arises out of the worker’s employment. Since it is a no-fault system, the injured worker does not have to prove that the employer was negligent in order to be eligible for benefits. In a personal injury lawsuit arising out of another’s party negligence, an injured person does have to prove that the at-fault party was careless in order to obtain compensation. This requirement is removed in a workers’ compensation claim. Also, since the system is a no-fault one, an injured worker can still be eligible for benefits even if his or her own negligence caused the accident.
Available Benefits Through Workers’ Compensation in Sarasota
Workers’ compensation excludes benefits for pain and suffering, and other types of non-economic losses. In general, workers’ compensation benefits may include coverage for:
- Medical bills;
- Prescription medications;
- Lost wages;
- Income replacement; and
- Medical devices or equipment required as a result of the injury.
The only way to obtain pain and suffering compensation is to file a third-party lawsuit. Many workers’ comp claims do not involve a negligent third-party. However, when a third-party is responsible for a workplace accident, the injured worker may be able to file a claim against that person or entity. In a third-party lawsuit, the injured worker may be able to obtain non-economic damages, including for pain and suffering.
Contact a Sarasota Workers’ Comp Lawyer
If you have questions about workers’ compensation and exclusions for pain and suffering, you should speak with a Sarasota workers’ compensation attorney about your options. Contact Barbas Nuñez Sanders Butler & Hovsepian for more information.
