What is Chronic Pain and Suffering?
Following an injury to a shoulder, knee, hand, or other extremity, workers may suffer from intense or chronic pain during recovery. While pain is certainly normal during the healing process, workers should seek a medical evaluation if it develops into something persistent and intense. This may be an indication that you have developed a condition known as chronic pain syndrome.
If you have experienced a workplace injury and you believe you may be suffering from chronic pain, the Chronic Pain and Suffering Attorneys at Emery | Reddy, PC can help. Call us today for a Free Case Review with an experienced Intake Specialist and learn how we may be able to help. No fee unless we recover for you.
Is Your Chronic Pain and Suffering Claim a Third-Party Claim or a Washington State L&I Claim?
Third-Party Claim
A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.
Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.
If your chronic pain leaves you out of work for an extended period of time, you may be entitled to compensation for pain, suffering, and lost wages.
Washington State L&I Claim
A Washington state L&I claim results from a workplace injury or occupational disease. An L&I claim is monitored and managed by an L&I Claims Manager who sees the process through from initial claim filing to closure. If all goes as planned, your claim is accepted by L&I and you will receive certain benefits.
When you are injured or contract certain types of illnesses at work, you are entitled to certain workers’ compensation benefits. You can file an L&I claim in Washington state through the L&I website’s File Fast tool, by calling the L&I office at 877.561.3453, or at your doctor’s office. After you file, it is imperative that you call an experienced L&I attorney to help you navigate the L&I claims process.
What Compensation Can You Recover?
- Medical benefits: L&I medical benefits will cover all medical costs associated with your claim. This can include doctor appointments, treatments, surgeries, occupational therapy, and prescription medications.
- Time-loss benefits: If you are approved for time-loss benefits, you may receive compensation for the lost wages and vocational rehabilitation.
- Damages for pain and suffering: L&I settlement and award amounts vary widely and typically fall into three categories:
1. L&I disability pension: a life-long benefit awarded to injured workers who will never be able to return to any gainful employment due to a severe or life-threatening injury.
2. Permanent partial disability (PPD) award: a one-time sum paid to injured workers when their L&I claim is closed. The worker can re-enter the workforce following a PPD award.
3. Claim resolution settlement agreement (CRSA): an L&I settlement option where all parties agree to close an injury claim for a specified amount. When agreeing to this settlement type, the injured worker exchanges all future L&I benefits, except medical, for the payment.
We understand that many families depend on the income of an injured worker, and our L&I and Personal Injury Attorneys are dedicated to winning the benefits and compensation you are entitled to by law. Our practice was founded on a commitment to advocating for workers’ rights, and we are proud of our record protecting the injured and disabled. Call us today for a Free Case Review with an experienced Intake Specialist and learn how Emery | Reddy may be able to help. No fee unless we recover for you.
