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Can I get pain and suffering from Worker Comp?

Chattanooga, TN |

I fell at work 4 months ago due to the wet floor sign not being where it needed to be. I've had several dr appointments at the local physicians care and painful physical therapy but I still had pain. Xrays didn't show anything but my employer finally sent me to a specialist. After several visits and shots to the knee I just had surgery where a piece of bone was found and a torn cartiledge. Also my employer never gave me a list of doctors to choose from. When I asked about a 2nd opinion I was told I had do the physical therapy before I could get a 2nd opinion.

Also wasn't it against the law for them not to let me choose from the list of doctors? Each time they just chose for me even after the 2nd opinion I was told they would get a list of doctor's for me to choose from and the next thing I know I get an email stating you have an appointment with this doctor.

Attorney Answers 3



Workers compensation benefits are limited to certain defined areas.

Benefits under a workers compensation claim include payment for a compensation rate, whether you are totally or partially disabled as a result of your work related injury. Also included are payment for your medical bills, documented scarring and permanency. Finally, where you are disabled for a certain period of time, and where you are not able to return to your employment, it is possible under the right circumstances to obtain a "lump sum" settlement.

However, 'paid and suffering' damages are not part of workers compensation.

The only time that 'pain and suffering' damages can be obtained in relation to a work injury is where there is a third party suit. Reading between the lines, I'm not sure that applies in your case.

You need to retain an experienced workers compensation attorney. Workers compensation attorneys do not charge for an initial consultation, and may not receive a fee unless and until allowed by state statute.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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I am sorry to report that you are not entitled to pain and suffering under Tennessee's workers compensation law.

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Technically, no. In the context of a workers' compensation claim, pain and suffering is only relevant to the extent it impacts a worker's vocational disability. In other words, how does your pain and suffering impact your ability to acquire gainful employment.

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