Can I Sue Workers Comp for Pain and Suffering?


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We're Here to Help.

When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.

No Win, No Fee

Our no win, no fee policy means that most personal injury claims have no upfront fees.

We understand that it can be an extremely difficult time when you are suffering from an injury, especially when it comes to the impact this can have on your life financially.

It can be confusing trying to determine how and where you can seek compensation, which is why we sometimes get asked

‘can I sue workers comp for pain and suffering?’

Below we provide information on whether you can sue workers comp for pain and suffering and ‘can you sue your employer for pain and suffering?’

Carbone Lawyers has been delivering great outcomes for our clients for over 30 years and we pride ourselves on our dedication to get the best possible outcome for our clients.

We always work collaboratively with our clients, conducting our affairs with ethical veracity, compassion and understanding.

Our team of experienced lawyers works tirelessly on behalf of our clients with our results speaking for themselves – we have succeeded in more than 90% of our personal injury cases and recovered over $100 million for our clients.

Here is how our team of experts can help if you want to know ‘can I sue workers comp for pain and suffering?’ and ‘can I sue my employer if I get injured at work?’

Suing Workers Comp For Pain And Suffering

When you have suffered an injury in the workplace, you may be entitled to make a WorkCover claim.

Our team is highly experienced in all aspects of WorkCover, including:

  • The type of compensation you may be entitled to
  • Building a strong case on your behalf
  • How best to submit your claim
  • What the process is
  • What to do if your claim is rejected. If you are not happy with a decision regarding your claim with WorkCover, you can ask for a review. Our team can advise on this process.

Making a claim is different to suing – if you are considering suing a third party, you need to be able to provide evidence that your pain and suffering is caused by the negligence of that third party.

Under the Workplace Injury Rehabilitation and Compensation Act 2013 a person can make a ‘negligence claim’ for compensation if they have suffered non-economic and/or economic loss as a result of a personal injury or death.

So in this case, ‘can I sue my employer for pain and suffering?’ Yes, you may be able to, if you can prove their negligence caused your injury.

Many different factors can be taken into consideration in relation to negligence claims so if you want to know ‘can I sue my employer if I get injured at work?’ it is best to get advice from an expert so you know the information you have is accurate and you know how best to proceed in relation to your case.

Get Expert Legal Advice Today

If you would like guidance around ‘can I sue workers comp for pain and suffering?’ or want to find out more about ‘can you sue your employer for pain and suffering?’ speak with one of our personal injury experts.

Call 1800 369 888 or fill out our online enquiry form and we will get back to you as soon as possible to arrange a suitable time.

How can we help?