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Stuff
That's Not Covered
Introduction:
One of the most common questions presented in
workers compensation cases is, "What is Covered?" Or, stated another way,
"What Do I Get?" The working injured quickly familiarize themselves with
all of the benefits available under the Workers' Compensation Act.
However, what is commonly not asked is, "what is not covered?" The
following is a short list of what I call "Stuff That's Not Covered".
-
Pain and
Suffering
-
Disfigurement below the head/neck or face
-
Quality
of life issues
-
Most
psychological problems
-
Reproductive
rights
-
Loss of consortium
- Consequential
damages
- Age sensitive
payments
- Vocational
rehabilitation
1. Pain and Suffering:
Pain and suffering are not elements of a work
related injury under the laws of Pennsylvania. If pain prevents a
person from working, they will be paid for their inability to work, but not
for the pain or suffering. You only get paid for your inability to
work (indemnity) and medical.
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2. Disfigurement
below the head / neck or face:
The Comp Act provides for above the neck
disfigurement. Everything below the neck is omitted. Consider
impact on female workers. Scars on the legs, thigh or mastectomy.
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3.
Quality of life issues:
Work injury can effect your personal life away
from the work place.
Sports, athletics, hobbies and family
relationship can all be impaired by a work injury, but not be compensated
for.
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4.
Most
psychological problems: The
Comp Act has significantly limited the ability of a Claimant to be paid for a
work related psychological problem.
It is not enough to simply establish that the psychological problem is work
related. Must establish that the psychological problem is the objective
result of abnormal working conditions.
Extremely difficult to prove abnormal working conditions.
As a practical matter, these types of claims are few
and far between.
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5. Reproductive
Rights:
No recovery for sterility or impotency.
Miscarriages that result from a work injury are
not recoverable.
No fetal rights.
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6. Loss of consortium:
Husband or wife has no claim when a work injury
disrupts their life.
Loss of consortium would provide for loss of
services if husband or wife assumes new responsibilities because spouse is
disabled from a work injury, there is no provision for any compensation for that
spouse.
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