Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Having issues with pain and suffering on a broken shoulder…

Customer Question
having issues with pain and...
having issues with pain and suffering on a broken shoulder which will Only pay for medical cost but no pain or suffering. MISSED work because having so much pain and suffering and my job being threaton and need complete shoulder replacement and Drs keep putting me off won't put me either on short term disability or FMLA. This happen in a public business
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 11 minutes by:
5/26/2015
Employment Lawyer: Tina, Lawyer replied 2 years ago
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
You were injured while at work? Have you filed a worker's comp claim?
I look forward to assisting you as soon as I have received this information. Thank you.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
no and no
Employment Lawyer: Tina, Lawyer replied 2 years ago
I see. How were you injured? Who will only pay medical costs but not pain and suffering?
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
the business where I fell cenex
Employment Lawyer: Tina, Lawyer replied 2 years ago
I see. Were they negligent in some way which caused you to fall?
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
small space rugs and chairs nearby
Employment Lawyer: Tina, Lawyer replied 2 years ago
I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.
My apologies for any inconvenience and Good Luck.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,229
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I am a different contributor and look forward to working with you to provide you the information you are seeking for educational purposes only.
If this is NOT a workers compensation claim and the party you are seeking damages from is not your employer, then it is a tort claim for which pain and suffering is available, regardless of what they are saying.
Of course, no defendant wants to pay for pain and suffering, but the laws provide you are entitled to it and if they are refusing to pay any pain and suffering then you have to file a civil suit against them for damages and not settle the suit with them as they are trying to bully you to do.
Pain and suffering is calculated in general (insurers have expensive computer programs to try to calculate this, but this method comes reasonably close to their programs) as a factor of your total damages. In other words, you add together your total medical (paid by insurance or not) and your total other actual losses (lost wages etc), this is your TOTAL ACTUAL DAMAGES (TAD).
Pain and suffering is then added to your TAD and is calculated generally as 0.5 times to 3 times that amount for minor injury, 4-7 times for moderate injury and 8-10 times the TAD for severe injury. Once you calculate your pain and suffering it is added to your TAD to determine your TOTAL CASE VALUE.
You have to include everything your insurer paid for medical, because out of your settlement, your insurer is entitled to recover anything they paid for your treatment that was the fault of someone else.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,229
124,229 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

33,167 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Does paying for short term disability insurance on the
does paying for short term disability insurance on the paycheck a sign to the employer that the individual is regarding as having a disability?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am receiving short-term disability benefits through the
Hello, I am receiving short-term disability benefits through the state that will end on 5/18/18. I intend on resigning from my current job and would like guidance as far as how to do this. I contacted… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
California Workers' Compensation... California Workers'
California Workers' Compensation... California Workers' Compensation Question: Returning to Work My claim ended 4.8 years ago with my keeping the Future Medical; (I am currently receiving physical the… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,229 satisfied customers
I am going out for 8 weeks on short term disability. As part
I am going out for 8 weeks on short term disability. As part of my job I have to take call. My employer now comes to me requesting I make up that call that I will miss while out after I return. Is tha… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I was on Short Term disability in Sept.- Nov off 2017. I
I was on Short Term disability in Sept.- Nov off 2017. I went back two work Dec working from home per my doctor for two months and then went into the office. I go sick again due to stress from work. C… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can my employer add my Fmla and my short term disability
Can my employer add my Fmla and my short term disability together … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I need to file for short term disability with my employer
I need to file for short term disability with my employer under FMLA for stress and anxiety reasons; is my application going to put me in jeopardy for my job? I have recently found out that some reduc… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Am I required to submit FLMA and short term disability
Am I required to submit FLMA and short term disability paperwork to my employer if I'm working four hours a day in office and working four hours from home while receiving physical therapy for a hernia… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
Been iut on short term disability biss has now called dr
Been iut on short term disability biss has now called dr office demanding information and an actural return to work date, that my job is in jeopardy. Have worked at tbe hospital gor 34 years … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How come if my company has short term disability thru cigna
How come if my company has short term disability thru cigna i have to report my veterans benifit they are not related dont understand is it just a way for the insurance company to get out of paying … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Thanks. I've been on short term disability leave from my job
Hello and thanks. I've been on short term disability leave from my job of 27 years and it ends now. My employer said they'll take me back but don't really need me as business is slow. Can I ask for my… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,837 satisfied customers
I'm currently on short term disability and am not wanting to
I'm currently on short term disability and am not wanting to return to my current employer because the stress of this job is a large part of the reason for my impairment. what is the appropriate way t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am on short term disability through my current employer.
I am on short term disability through my current employer. In state of IL; at will state. WHAT ID LIKE TO HAPPEN: Look for other work. Go back to my employer to give notice & stop disability, transiti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,229 satisfied customers
I've been out on short term disability/FMLA for a broken
I've been out on short term disability/FMLA for a broken ankle. My FMLA runs out on February 24th. My doctor informed that I can return to work on February 13th with some minor restrictions - nothing … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If some has and short term disability insurance and is
If some has long and short term disability insurance and is denied their claim and subsequent appeal what is a next course of action to take against that insurance company?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,564 satisfied customers
I am on short term disability since Aprildue to complicated
Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I have exhausted my FMLA, short term disability and
I have exhausted my FMLA, short term disability and currently pending long term disability in the state of Texas. I briefly went back for a week during FMLA prior to my illness getting worse. My quest… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have used all of my FMLA along with short term disability
I have used all of my FMLA along with short term disability during Feb-May came back to work 5/5. I was not 100% better however I went back to work. Migrane headaches caused by an accident and then ha… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,115 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x