Legal Question in Personal Injury in Wisconsin
pai and suffering
I was hurt on a job and am elegable for work comp. I have missed three weeks of work and next week I will have surgery on my right ACL. I will miss at least 4 more weeks. There was material from another employer left laying on the floor that I caught my foot in causing me to fall on my knee. Can I get compansation for not being able to play with my kids, household responsabiltys, and pain?
2 Answers from Attorneys
Workers Compensation and Pain and Suffering
Although workers compensation benefits from your employer are fairly easy to obtain (as compared with suing for reimbursement civilly), they are limited. They do not include pain and suffering. They only include medical expense, scheduled benefits for your specific type of injury, some lost wages, and, in the case of unscheduled injuries (back or head), lost future earning capacity. Even these require proof that the work exposure caused the medical condition which is often difficult with back and joint injuries which can also be caused by aging.
Re: pai and suffering
I agree with Mr. Nixon's post. You are limited to the compensation available for your injury under the Wisconsin worker's compensation formula. Pain and suffering does not increase your compensation over the formula. I am sorry.
Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.
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