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I broke my ankle at work on May 20, this yr. and workmans comp has been paying for all my bills. I broke it on both sides and ha

Watertown, SD |

I broke my ankle at work on May 20, this yr. and workmans comp has been paying for all my bills. I broke it on both sides and had surgery with screws and plates put in. I had to use a walker for 6 wks and as a result of that my shoulders are all screwed up now. My left arm can not be raised above my head and hurts all the time, my right arm and shoulder hurt all the time also as a result of the walker. My dr. gave me cortison shot and has helped a little. My question is, I am a 64 yr old female, do I have to live the rest of my life with this pain? Why can't I get pain and suffering for all I have been threw?

Attorney Answers 3


  1. There is no pain and suffering in workers compensation. What you are entitled to is set out in the statutes of each state. They have to provide medical treatment for all the conditions that come from the original injury but they are not responsible for what tremendous pain in the --- it is to have to go through all this. Given your age and the number of issues that you have going on I would strongly urge you to get an attorney that handles workers compensation in your state to assist you. If you end up not being able to get back to work you will want someone looking out for your interest.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  2. One of the main reasons for having workers' compensation, from an employer's point of view, is to protect them from having to pay for pain and suffering damages, which can vary widely from one case to another. Your benefits are generally limited to medical treatment, partial wage replacement, permanent partial or total disability, and vocational services. But there is no award for pain and suffering in workers' compensation.


  3. What can be done about pain is a medical question not a legal question. Ask your doctor.

    WC does not compensate for pain and suffering.

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