You need to contact a WA personal injury attorney who can advise you on the potential value of your pain and suffering claim. It will depend on various factors such as severity of accident and your injury and type of medical treatment.
If you have provable pain and suffering they can both be elements of damages in a tort personal injury lawsuit. It all depends upon what evidence of proof you present and how much of that evidence is allowed to be deliberated by the trier of fact.
If this was an on the job injury, then no. They will not pay pain and suffering. LNI will only pay your medical expenses and wage replacement benefits (time loss compensation) if applicable. When your claim is closed, you must be considered for a disability award of some sort, which does not take into account pain and suffering.
If this is NOT an on the job injury, and your injury is the result of someone else's negligence (the boat owner?), then yes, they should pay for pain and suffering. Generally, when someone is hurt they need treatment. Once treatment is over, then they make their claim. Their claim should include reimbursement for all medical expenses, any lost wages and pain and suffering. There is Washington case law that stands for the proposition that if someone is injured through the negligence of another, and if the evidence shows they experienced pain and suffering, then a jury MUST award them money for pain and suffering (in addition to medical expenses, wage loss, etc). If the jury only reimburses for medical and lost wages and gives nothing for pain and suffering, then such can be grounds for a new trial.
So yes, when you are finished treating you should most definitely DEMAND compensation for pain and suffering. A lawyer will be able to help. And remember, you have 3 years from 2008 to settle your claim or file a lawsuit.
