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Workers’ compensation and pain and suffering payments

When a worker is injured on the job in Michigan, they may suffer from more than just the physical injury itself. They may also suffer from trauma related to the injury and a feeling of helplessness when it comes to caring for themselves. This may lead to depression, insomnia, PTSD and other related mental or emotional issues.

Forbes notes that when an employee has an accident, the employer and its insurance company pay the workers’ compensation bill. They may also cover medical expenses and a percentage of the income lost regardless of who was at fault. However, there may be no provisions in place for recovering non-economic damages, otherwise known as pain and suffering.

Considering the real potential for emotional distress in these situations, it may come as a surprise to many workers. Forbes believes that not being able to sue for pain and suffering reduces the risk of employees failing to take good care of themselves at work because they believe they can sue for a large compensation amount.

According to CNBC, there is one situation where workers may become injured through no fault of their own and need mental health care following the incident: mass shootings. Some employers are stepping up to the plate to ensure they can provide assistance by purchasing active assailant policies. This may help to pay for treatment related to PTSD and other emotional and mental health problems that survivors may develop. Still, even these policies have some inadequacies, as they may not cover biological weapons.

Thus, while a worker may not be able to recover pain and suffering from an employer, there are some exceptions. Over time, other new insurance products may appear to help proactive employers cover the incidents that general liability insurance fails to account for.

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Adler Firm, PLLC