Q: Can I claim pain and suffering damages in a workers’ compensation claim?
No, you cannot claim pain and suffering as the result of a workers’ compensation claim. Even though many clients experience extensive pain and suffering, it is not something an Employee can claim under the statute, meaning a Judge cannot award it. Workers’ compensation benefits are statutory and although they provide systematic assurance of many benefits (medical, rehabilitation, wages, etc.), there are limitations such as 2/3 payment for lost wages and an inability to receive pain and suffering damages.
Q: What if my workers’ compensation insurance company is saying it is my fault or I could not have been injured in the work incident?
Fault does not typically matter for workers’ compensation claims. Fault is not causation focused (or “who is responsible”) like it is for personal injury claims. The standard is generally whether the injury arose out of the course and scope of the employment. Claims are often denied at the outset or during the process as a result of an insurance company determination the injury could not have been suffered the way it was, or the injury was a result of a pre-existing condition. It is not uncommon for an insurance company to send you to a doctor or medical examiner that is paid significantly to render an opinion, which is usually adverse to the treating doctors’ opinions. If denied due to an adverse opinion from the insurance company, it is best to consult an experienced attorney, like Mark, to explore the veracity of the opinion, the basis of any benefits denied as a result, and to discuss a strategic road map of how to move forward.
Q: What if I do not know exactly when my injury occurred or there was not a specific, acute incident that caused harm? Is it still covered?
The law provides for coverage and compensation for injuries that are not specific to an acute incident such as having your hand severed in industrial machinery, herniating a disc lifting a nursing patient, or falling off a roof and shattering your leg.
Injuries caused by repetitive use and stress/strain are referred to as Gillette injuries, recognized pursuant to Gillette v. Harold, 21 W.C.D. 105, 257 Minn. 313 (Minn. 1960). Gillette injuries often include heavy manual labor, causing injuries like severe deterioration of the back or knees over a course of years, or injuries such as rotator cuff tears or carpel tunnel syndrome due to frequent/repetitive use. Gillette injuries are often denied:
- due to the fact there is not a specific event and moment of injury to point to;
- due to disputes regarding reporting when and how it happened; and,
- due to pre-existing conditions – which are compensable if the work activity is a substantial contributing factor to the cause, aggravation, or acceleration of the condition.
It is important to consult an experienced attorney, like Mark, to establish and present the facts supportive of disabling Gillette injuries and conditions.
Q: What if I have multiple employers at the time I’m injured and suffer wage loss with respect to employers other than the one I suffered and injury with?
If you suffer an injury and the effects of those injuries cause you to be completely off work from other employers, or if other employers cannot accommodate restrictions from the date of injury employer, wage loss suffered with other employers is compensable. Wage loss with other employers is also subject to a rate of 2/3 of lost wages. If completely off work (TTD), wage loss combined and payable cannot exceed the maximum weekly temporary total disability rate.