Who is responsible for my pain and suffering?

UPDATED: Oct 1, 2022

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Who is responsible for my pain and suffering?

I deliver parts for a auto parts store, while delivering parts to a place of business under contract with my job, my toe was broken by a object falling off a shelf 5 feet high.

Asked on July 30, 2018 under Personal Injury, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are eligible for and/or getting worker's compensation, you can't get pain and suffering: you are entitled to only the amount of wage replacement and medical expenses that worker's comp will give you. The law makes you accept a tradeoff in exchange for worker's compensation: having worker's comp lets you get medical bills paid and get some income while you can't work without having to go through the considerable time (months or longer) and costs (easily thousands of dollars) of suing, and also without havin to prove that the employer was in the wrong ("at fault"; e.g. negligent or careless) in some way; but in exchange for that, you can't recover for pain and suffering.

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