CanI sue my employer for pain and suffering from an on the job injury while on workerscomp?

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CanI sue my employer for pain and suffering from an on the job injury while on workerscomp?

I have been off work for 15 months due to getting hurt on the job which was caused by a person pulling a chair out from behind me when I went to sit down. I am currently on workerscomp and they do not want to approve some injections where the doctor goes in and burns the nerves in the 3 sites where the pain is. My MRI has showed herniated disc. This pain that I’m having is severe and is causing alot of issues with my home life and being able to do alot of things with my husband (sex) and causes me not to be able to be active with my kids. It also makes it hard for me to do my every day cleaning and cooking for my family. Can I or my husband sue my employer for pain and suffering? Also, I wanted to know if I’m able to sue workerscomp for making me suffer and not approving the proceduers the doctor says that I need.

Asked on December 12, 2011 under Personal Injury, Georgia

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

In Massachusetts, claims against your employer must go through the Department of Industrial Accidents.  Basically, to determine the damages you are entitled to, the department utilizes a formula based on your injuries and how long your ongoing treatment continues.  With these cases, if the insurance is not covering medical expenses, you can bring a claim.  You should speak with an attorney who does Worker's Compensation.  Attorney's fees for these cases are typically statutory and paid directly by the insurance company, so it typically does not cost out of pocket money to hire an attorney.


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