Workers’ Comp and Pain & Suffering: What You Need to Know
Injured workers always want to know who will pay for their pain and suffering, especially if it’s caused by the negligence of another person. Generally these types of intangible damages, such as pain and suffering, mental anguish, loss of capacity to enjoy life, and even scarring and disfigurement, are NOT covered by workers’ comp and therefore are not compensable in a worker’s compensation claim. No payments will be made for these losses, no matter how real they are.
What does workers’ comp cover?
Workers’ compensation covers accidents that cause physical injury while at work, notwithstanding who was at fault for the accident. For such physical injuries, worker’s compensation provides two elements of damages: medical expenses for work related injuries and lost wages, to the extent you are off of work or limited in your ability to work due to the work accident.
What about pain and suffering?
Emotional injuries and trauma are generally not covered by workers’ comp unless they are precipitated by a physical injury that requires such medical treatment. However, these intangible and emotional injuries may be compensable as elements of any third party claim or personal injury claim that can be pursued if someone other than yourself or a co-worker caused the accident or injury.
Consult an attorney.
There are different standards and legal rules for personal injury claims versus workers compensation. It is best to consult experienced workers’ comp attorneys, like us, who are well-versed in both kinds of claims. We can assist you in determining the viability of your case and help you file the appropriate claims for your work-related injury to afford you all possible damages.