What is pain and suffering?
Pain and suffering is a legal term used to describe a host of injuries that a plaintiff may suffer in an accident. It includes not just physical pain but emotional and mental injuries such as insomnia, grief, fear, worry, inconvenience, and the loss of enjoyment of life.
Gross Negligence by the Employer
Because of the workers’ compensation system, there are limited circumstances where you can sue your employer for pain and suffering if your injury is the result of your employer’s negligence. You could file a separate lawsuit against your employer if the employer were grossly negligent. This means that the employer was so negligent and so wantonly careless, that its actions were almost intentional. This is very rare and very difficult to prove.
Recovering pain and suffering through a third party lawsuit
The most common way to receive compensation for pain and suffering is by pursuing a claim against a third party (not the employer and not the employee), who may be responsible for your injuries. A classic example of this is when someone is injured in a car accident while on the job, and that accident was the result of a third party’s negligence. Another example is when you’ve been injured by a defective product while on the job. You could have a product liability claim against the manufacturer, distributor, or company that sold the defective product to your employer. This claim is separate from the workers’ compensation claim. This means you could file a workers’ comp claim for the injury you sustained on the job and then a separate lawsuit against the third party to get compensation for pain and suffering and any other damages not available from Maryland workers’ comp.