Why Aren’t Punitive Damages Awarded with Workers’ Comp?
Punitive damages can be awarded in a regular lawsuit, but they are frequently not awarded with workers comp. Payer Law is a workers compensation attorney Orlando residents recommend and we know that the workers’ compensation is not always enough to help you recover. That is why we are here to help you with your workers’ compensation case and get you the assistance you need. Contact us at Payer Law in Orlando to learn more and schedule a consultation with us or visit our website today.
How Can You Have Punitive Damages Awarded?
If you are injured on the job, it is likely that you will have to primarily go through the workers’ compensation in order to receive any damages. Workers compensation is in place in all fifty states and it makes it so that you cannot file a regular lawsuit against your employer except under very specific circumstances. There are a tremendous amount of benefits to filing for workers compensation. With workers compensation, you get the opportunity to get all of your monetary and medical benefits paid off immediately and you get paid for all claim-related medical care through your employer.
That said, you also cannot recover punitive damages and your workers’ compensation is likely tied to a percentage of your wages. There are circumstances in which you can file for punitive damages, but these are very restricted.
If your employer intentionally harmed you, this would be an opportunity to file a lawsuit against them. The action would have to have intent behind it in order to hold up in court. For instance, if your boss punched you that would be considered intentional harm, but if your boss failed to protect you from a falling piece of machinery, that would be negligence and you would still have to file as a workers compensation.
The other situation in which you could file against your employer would be if they had no workers compensation or they had insufficient workers compensation. Since Texas is the only state in which it is legal for the employers to not have the workers compensation, an employer doing this in another state would be breaking the law.
Do You Need Help?
Filing a lawsuit against your employer can be a tricky task and the process may not always go as smoothly as you want it to be. That is where we at Payer Law can step in. We know what it takes to make sure that you get the compensation you deserve after an accident so contact us if you would like to learn more about our services and the workers’ compensation attorney Orlando residents trust.
If you are looking for the workers’ compensation attorney Orlando residents recommend, Payer Law is here for you. We know that workers compensation does not always get awarded, or if it does, it may not be enough. That is why we can help and find a way for you to file charges against your employer. To learn more, contact us today.