What Workers Compensation Is Not

Casey Shorts

Workers compensation is not a pain and suffering system.  In the typical personal injury case, such as an auto accident, the injured person is entitled to make a monetary claim for pain and suffering and disruption of life.  That type of claim is not available in the workers compensation system.

In the typical personal injury case, the injured person is also entitled to actual wage loss (past and future over the course of a working lifetime if the person is unable to go back to a former job and suffers a wage loss), a spouse’s claim for loss of society and companionship, lost pension rights (if the person is unable to return to former employment to which pension contributions were made), and other types of lifetime disruptions.  Again, none of these claims is available in workers compensation.

Workers compensation is a formula system in which benefits are paid according to a mathematical formula for very specific types of claims, such as temporary disability, permanent disability (over a limited time period), retraining benefits, loss of earning capacity (for a limited number of payments), and death benefits.  Also, under the workers compensation system, if a person is unable to return to any work and is totally disabled, benefits are payable for life.

It is not unusual for injured persons in a workers compensation case to discover that they have a claim for a much smaller amount than in a personal injury case.

If you have questions about personal injury, worker’s compensation or social security disability, call The Previant Law Firm, S.C. (414) 240-1185.