Why Can’t I Claim Non-Economic Damages for a Tampa Workplace Accident?
If you’re in the midst of filing a workers’ compensation claim in Tampa, you might have heard that you cannot receive compensation for “non-economic damages.” In other words, you’ll receive no extra financial support for your psychological and emotional challenges after the accident. Is this really true? If so, why doesn’t the workers’ comp program in Florida provide this type of compensation? This is a conversation you should have with an experienced Tampa workers’ compensation lawyer.
Workers’ Compensation Is a No-Fault Insurance Program
If you are familiar with auto insurance in Florida, you know that it’s a “no-fault” system. The same is true with workers’ compensation. Under this program, injured victims can file claims even if they caused their own accidents. For example, you might have accidentally shot yourself with a nail gun at a construction site. Perhaps you fell asleep at the wheel of a forklift before crashing into a wall. Whatever the case may be, workers’ compensation covers a portion of your lost income and your medical bills.
This “no-fault” approach comes at a cost. From an insurer’s point of view, the most costly aspect of a claim is compensation for non-economic damages. These include psychological or emotional issues like depression, loss of enjoyment of life, permanent disfigurement, and so on. These damages can easily turn a six-figure claim into a seven-figure claim. By eliminating the pathway to non-economic damages, insurers make the no-fault system viable. The fact that the insurer only covers two-thirds of your average weekly wages also helps lower costs.
Focus on Maximizing Your Economic Damages
Although it might be disappointing to learn that recovering non-economic damages is impossible, you can still maximize your economic damages and get as much financial support as possible. For example, many injured workers do not know that they can claim compensation for all travel costs related to their medical treatment. A workers’ compensation lawyer can also help you get as much compensation as possible for things like lost income and medical bills.
Another benefit that many workers overlook is vocational rehabilitation. This can provide free access to educational and certification programs that allow you to explore new career paths. If your current career path is no longer viable because of your injuries, it makes sense to take full advantage of vocational rehabilitation.
You May Be Able to File a Lawsuit Instead
Some workplace accidents can lead to personal injury lawsuits instead of workers’ comp claims. A personal injury lawsuit does provide a pathway to non-economic damages, and examples include product liability claims, auto accident claims, and third-party contractor claims. Contact a lawyer to determine whether a lawsuit is possible.
Can a Tampa Workers’ Comp Lawyer Help Me Recover Non-Economic Damages?
While the workers’ compensation system doesn’t allow you to recover non-economic damages, you may still access various levels of support for funeral costs, missed income, medical bills, and transport costs. You might also access vocational rehabilitation, an underappreciated workers’ comp benefit in Tampa. In addition, a personal injury lawsuit could be possible under certain circumstances, allowing you to claim non-economic damages. Learn more by contacting The Franco Law Firm.
Source:
myfloridacfo.com/division/wc/home
