The law on workers compensation provides benefits for employees that suffer from an injury caused in the workplace. It is highly beneficial as it removes the need for a possibly expensive trial and litigation. However, while its financial assistance is of great help, its coverage is minimal.
One of the most contested cases in a workers comp case is whether or not the state of pain or suffering should be within its coverage.
What constitutes pain and suffering damages?
In Montana, pain and suffering belong to what is known as non-economic damages. Unlike lost wages or medical expenses, non-economic losses are usually unquantifiable and do not have an exact compensating value. There are certain factors which make up non-economic damages, and it often includes the following:
- Type of injury
- The severity of the injury
- Impact of the injury in daily activities
- The extent of the likelihood of the continuance of such effects
Pain and suffering damages
Under the workers comp laws of Montana, pain and suffering are technically not included in its coverage. The payout made by employers intends to cover all claims, including lost wages, medical expense reimbursement, and any request for future pain. As such, if a person receives a workers comp payout, he is then stopped from claiming any financial assistance from the same injury.
To whom can one recover from pain and suffering damages?
There are still ways for an employee to gain financial assistance aside from workers comp. One can file a personal injury case to recover from pain and suffering brought about by an injury. The personal injury case is directed not at an employer, but rather, to a third person who is at fault in causing the damage.
How to recover from pain and suffering damages?
If a person wants to recover from his pain and suffering financially, he must be well aware of the specific limitations that laws provide. Such a person seeking recovery must observe the following.
Claims cases are not perpetual. A person must file his claim within the period, which is called the Statute of Limitations. This period is provided by law so that he can recover damages; otherwise, his claim will be denied. The following are the time limitations against a defendant that caused a claimant’s injury.
- One year against a county, city, or town
- Two years where the State is the defendant
- Four years for other personal injury cases
Even if a claimant thinks that he deserves a more significant amount, there are also limitations as to how much a person can recover under non-economic damages. If the claim is against government liability, the limit is based on the Consumer Price Index. In other personal injury cases, the amount limitation is only up to $717,100, but no one can recover from pain and suffering damages in a workers comp case.
Refer the claim to a reliable personal injury attorney
Winning a claim from pain and suffering can be quite tricky. As such, it requires the help of experienced lawyers so that you can have a strong suit.
Glacier Law Firm has always been at the top of personal injury claims. Recovering damages from pain and suffering is made easy if you have the best personal injury lawyers to back you up. So, if you want to recover the best amount, contact(406) 298-6740, or visit the firm at 20 Four Mile Drive, Ste #4, Kalispell, Montana.