Do Louisiana Workers’ Compensation Benefits Include Compensation for My Pain and Suffering? Pain and Suffering in the Context of Louisiana Workers’ Compensation Benefits Explained
When a worker is injured on the job in Louisiana, they may wonder what their options are when it comes to compensation. As many Louisiana workers know, under Louisiana workers’ compensation laws, most workers are entitled to money compensation paid by their employer’s workers’ compensation insurance company.. However, Louisiana workers who have been injured on the job may wonder if they are entitled to compensation for their pain and suffering associated with their workplace injury. But what are damages for “pain and suffering”, and are they available in the context of a Louisiana workers’ compensation claim?
Damages for Pain and Suffering Explained
Generally speaking, in a legal case, damages for “pain and suffering” refers to money compensation paid by a liable party to a claimant or plaintiff for the emotional distress that they experienced as a result of the liable party’s negligent or intentional actions that caused the injury. Damages for pain and suffering can include compensation for physical pain, emotional distress, mental anguish, loss of consortium (the loss of companionship and support from a spouse who is injured), and loss of enjoyment of life. Importantly, these are “intangible” damages that are typically sought in personal injury cases, medical malpractice cases, and other tort cases involving injury to a party as result of the other party’s negligent or intentional conduct.
Louisiana Workers’ Compensation Benefits and Damages for Pain and Suffering
The Louisiana workers’ compensation system is a no-fault system, which means that an injured worker need not prove that the employer was at fault in order to get compensation under Mississippi workers’ compensation laws. Accordingly, damages for pain and suffering are typically not available under the Louisiana workers’ compensation system. Instead, workers who are granted workers’ compensation benefits are typically entitled to wage replacement benefits, medical expense reimbursement, vocational training, and other important benefits. Generally, damages for pain and suffering are not available in workplace injury cases where a workers’ compensation claim has been filed, unless a third-party was also liable for the injured workers’ damages.
What to Do if You Believe that You have Been Unfairly Denied Workers’ Compensation Benefits Due to You
If you applied for workers’ compensation benefits in Louisiana and were denied, it may be time to chat with an experienced Louisiana workers’ compensation lawyer about your rights, options, and next steps. The Louisiana workers’ compensation system is a complex system, and being represented by a Louisiana workers’ compensation lawyer who knows the ins-and-outs of the process can help increase your chance of successfully receiving Louisiana workers’ compensation benefits.
The experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your workplace injury case and to see if they can help fight for you to get Louisiana workers’ compensation benefits due to you. Contact Lunsford Baskin & Priebe today and speak with an experienced Louisiana workers’ compensation lawyer about your case for free.