What Does Pain Have to do with a Workers’ Comp case in Mississippi?

Is an injured Mississippi Worker entitled to money damages for pain?  Technically, an injured worker can not receive any benefits for pain and suffering in a workers’ compensation case.  Worker’s compensation insurance only pays for proven lost wages and medical bills related to the specific injury.  However, a competent attorney will argue that pain also affects a worker’s ability to actually work.  So indirectly, pain can increase your benefits.

In certain workers’ compensation claims an injury will be worth more money if the worker can not perform the substantial acts of their usual employment.  One of the issues that can affect a worker’s ability to do so is pain.  Furthermore, if there is a referral to a pain specialist the likelihood of increasing a settlement for greater future meds is also increased.

Here is a re-cap:  Mississippi Workers’ Compensation Insurance will not pay directly for pain and suffering.  The Mississippi Workers’ Compensation Commission will, however, examine a worker’s true ability to return to gainful employment.  Some of the factors they will consider are education, work history, specialized training, job requirements, and pain.  

As always, if you are injured at work be completely honest with your doctor.  Don’t hide your pain, but on the flip side, don’t exaggerate the pain either.  If you don’t think your doctor is listening to, or believing you, contact an attorney immediately to protect your rights.

Kevin

“Success is not final, failure is not fatal; it is the courage to continue that counts.” – Winston Churchill