Q: if you fall at work, and hurt your back you apply for workmen comp, but can you still get paid and suffering
A:
Worker’s compensation does not include any payment for “pain and suffering.”
You can get your past and future medical care for the injury, TIBs, IIBs, and if the injury is serious enough SIBs.
A: The trade off is that you do not need to prove that the negligence of your employer or a co-worker caused you to fall, and your own negligence, if any, doesn’t matter and won’t cause any reduction in your worker’s compensation benefits.
Tim Akpinar and Raymond Chow agree with this answer
A: Whether you can collect "pain and suffering " damages depends whether or not your employer purchased a policy of workers' compensation that is filed with the Division of Workers' Compensation through the Texas Department of Insurance. If you have a wc claim through the Division, then there is no pain and suffering damages. However, if your employer has an ERISA policy or did not purchase any workers' comp at all, then you can sue for "pain and suffering." It's important to find out which type of policy or lack thereof, your employer had. Good Luck.
Tim Akpinar agrees with this answer
A: Generally speaking, no, you are not awarded pain and suffering with a worker's comp claim.
Tim Akpinar agrees with this answer
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