There are no damages in a workers’ compensation claim.
If you are in a car accident and it is not your fault, you can sue for personal injury damages, including pain, suffering, physical and mental stress, loss of quality of life, etc. However, there are no personal injury damages in a workers’ compensation claim.
In a workers’ compensation claim, your employer or former employer and its workers’ compensation insurer owes you a check every week your doctor says you cannot work and they pay your medical bills. However, if you recover from your work-injury and your doctor releases you to full duty, your claim can simply end. You are not owed damages.
If, on the other hand, your doctor determines that because of your work-injury you are unable to return to that type of work and therefore make the same money you were making at the time of your work-accident, or if significant future medical cost is anticipated, the insurance company may, if they choose, settle with you to close-out your claim. However, you cannot force them to settle. Some cases settle, some do not.
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