No. In Florida, there is no monetary compensation for pain and suffering. You can receive benefits in terms of medical treatment for psychiatric injuries that normally result from the injuries that you have sustained in an accident. However, there will be no money paid to you as a result of the fact that you are not able to do the things you used to do, or that you are suffering or that you have pain.
What benefits can I receive if pain and suffering are not covered?
Although Florida workers’ compensation does not pay for pain and suffering, eligible injured workers may receive authorized medical care, qualifying temporary or permanent disability benefits, and other benefits allowed by law. Eligibility and benefit amounts depend on the injury, medical evidence, work restrictions, wages, and applicable statutory requirements.
Can I sue someone for pain and suffering after a workplace accident?
Possibly. If someone other than your employer is legally responsible for your workplace injury, you may have a third-party personal injury claim that allows you to seek damages for pain and suffering. Examples may include a negligent driver, an outside contractor, or a manufacturer of defective equipment. Liability and recovery depend on the evidence and applicable law.
Can I receive workers’ compensation and file a personal injury lawsuit?
In some cases, yes. Florida Statutes § 440.39 permits an injured worker to receive workers’ compensation benefits while pursuing a claim against a liable third party. However, the workers’ compensation insurer may have reimbursement or subrogation rights against a third-party recovery. The interaction between the claims should be reviewed before settlement.
Does workers’ compensation pay for emotional distress or anxiety?
Florida workers’ compensation does not award separate pain-and-suffering damages for emotional distress. However, certain mental or nervous injuries associated with a compensable physical injury may qualify for benefits if statutory requirements are met. Florida Statutes § 440.093 establishes specific causation and medical-evidence requirements, so coverage depends on the individual circumstances.
What if a third party caused my workplace injury?
If a person or business other than your employer caused or contributed to your workplace injury, you may be able to pursue a third-party negligence claim in addition to workers’ compensation. Potentially responsible parties can include negligent drivers, contractors, property owners, or equipment manufacturers. An investigation is needed to determine liability and available damages.
Can I sue my employer for pain and suffering after a workplace injury?
Generally, Florida workers’ compensation is the exclusive remedy against a covered employer for a compensable workplace injury, subject to limited statutory exceptions. A separate claim against a negligent third party may be possible. Whether an exception or separate claim applies depends on the facts and the relevant provisions of Florida law.
Should I speak with a lawyer if workers’ compensation will not pay for pain and suffering?
A legal review may help you understand which benefits may be available and whether another party could be responsible for your injury. This can be especially important when an accident involves a vehicle, contractor, property owner, or defective equipment. An experienced workers’ comp attorney can assess the facts, explain potential claims, and identify relevant deadlines.
