Can you get pain and suffering in a workers' comp case?

This video reviews the issue of pain and suffering in workers' comp. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

When a worker is injured on the job, there is almost always pain. And the common thought is that an injured worker wants to be compensated for pain and suffering. But it just really doesn't happen in workers' comp. The level of pain gets factored into a doctor's treatment plan, and it can get factored into the level of whole person impairment found, and the level of WPI can get increased by 3% for pain and it's impact. But there is no real money paid just for pain and suffering. The thinking is that the AMA Guides already incorporate the typical level of pain into it's ratings. But I can say that based on experience, it just doesn't cut it.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

[jackcsaffell]

Thank you, I always learn when you teach us the ropes. Great vlogs.

[ivanmiramonte]

At the start of my w/c I was seeing company doctors, 30 days into treatment an unlicensed chiropractor manipulated "cracked" my back, he made my lower back worst and upper back popping out. Who is responsible for the additional body part injury, w/c or a medical malpractice suit? My second attorney said w/c, then said NO! Now he passed away...I have now lost my statue of limitation for medical malpractice. I'm frustrated 5 years and ongoing....what's your advise

[bobocrina]

The Qme doctor can award up to 3% WPI for cases where there is severe pain from serious documented conditions.