Can I receive compensation for my Pain and Suffering for my Workers Compensation Claim?

Injured workers cannot receive any compensation for pain and suffering for their workers compensation claim in the state of Georgia While injured parties are entitled to receive awards for pain and suffering in other types of cases, Georgia Workers’ Compensation law expressly prohibits this. This is so because, in Georgia, workers’ compensation is a no fault system. This means that all workers are entitled to receive works compensation benefits for any on the job injury. Even workers who cause their injuries as a result of their own negligence are entitled to receive workers’ compensation benefits, but the injuries must arise from an accident and not a deliberate event, such as; fighting on the job, or an intentionally self-inflicting wound. Also, if the injured worker was intoxicated at the time of his accident and the intoxication directly caused his injuries, he is not entitled to receive workers compensation benefits.

While injured in the state of Georgia cannot receive compensation for pain and suffering, they do receive two primary benefits; medical treatment and indemnity benefits for disability. At the conclusion of his workers’ compensation claim, the injured worker has the opportunity to negotiate a global resolution of his claim. Keep in mind, when you settle your workers’ compensation claim, you become responsible for any future medical costs that you may incur in the future, and you can no longer request any benefits of any kind from your employer or workers’ compensation insurance carrier.

In order to maximize the value of your settlement, you must contact an experienced workers compensation attorney to evaluate your claim.

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