Can you recover compensation from pain and suffering through a workers comp claim in Montana? The short answer is “no.” But that doesn’t necessarily mean you don’t have a case!
Pain and suffering includes physical pain, mental distress, and emotional anguish caused by an injury. It is generally seen as a non-economic form of damage that people can suffer after being injured in an accident.
There are dozens of reasons why injury victims might seek compensation for pain and suffering, such as:
In many cases, the non-economic effects of an accident are more devastating than economic effects.
In Montana, workers’ compensation laws limit the type and amount of benefits you can receive through a claim.
This means that while you can recover benefits for medical expenses and lost wages, you cannot receive damages for pain and suffering.
The good news is that if your employer or insurer acted in bad faith, you may be able to seek additional compensation through a civil lawsuit.
However, it’s important to remember that workers’ comp laws are designed to be a no-fault system, so even if your employer or insurer acted in bad faith, you cannot sue them for pain and suffering damages.
Yes. Although you cannot sue your employer for pain and suffering, there are situations where you could file a lawsuit against a third party who is responsible for your injuries.
In complicated situations like these, it’s best to seek the assistance of a skilled injury attorney.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Glacier Law Firm