Does Workers’ Comp Pay for Pain and Suffering?

Work-related injuries can lead to many consequences, including pain and suffering. While workers’ compensation is available to injured workers to cover medical costs and lost wages, it typically doesn’t cover pain and suffering.

However, if you suffered significant pain and suffering from a work injury, compensation may be available through other avenues. A third-party personal injury claim can help workers maximize financial recovery.

Workers’ Compensation Benefits

Workers’ compensation benefits help employees cover medical bills and lost wages if an injury or disability prevents them from working. While laws vary from state to state, most employers with four or more staff must provide benefits through the workers’ compensation system.

Workers’ compensation typically covers 100% of medical expenses related to the work injury, lost wages for time off, and disability payments. Death benefits are also available to the survivors of an injured worker who loses their life due to a work-related injury.

Pain and Suffering Damages in Workers’ Compensation

Most U.S. states don’t allow payment for pain and suffering damages using a workers’ compensation claim. However, other benefits may be available depending on the state in which you work and the extent of the emotional distress.

No Compensation for Pain and Suffering

Most workers’ compensation plans do not include pain and suffering damages. Instead, the system is designed to cover medical benefits and lost wages. However, this doesn’t mean compensation for pain, suffering, or stress is impossible within the workers’ compensation system.

Exceptions and Specific Circumstances

Some exceptions, such as injuries resulting in permanent disability or disfigurement, could result in the insurance company paying pain and suffering damages. A work-related accident that causes extensive stress and trauma could result in additional benefits. Discuss your eligibility with a personal injury lawyer to determine available compensation.

Factors Affecting Compensation for Pain and Suffering

For those who are eligible for pain and suffering compensation, payment will vary depending on many factors, including the severity of the work-related injury, the expected duration, and whether or not psychological trauma is present. The actual cost of damages related to injury will also factor into compensation.

The Severity of the Injury and its Impact on Daily Life

The severity of a workplace injury and its long-term effects directly impact the amount of compensation available through workers’ compensation benefits. Injured workers who suffer significant injuries may not be able to return to work or enjoy many of the same activities they once did.

If the employee requires assistance with daily tasks or mobility devices, this could also further influence the amount of compensation available.

Permanent Impairment or Disability

A workplace injury that leads to permanent impairment or disability could lead to more compensation because of the greater impact on the employee’s life. An employee with severe workplace injuries may be unable to return to the same job duties, which should qualify them for more compensation.

Psychological Trauma

Though rare, pain and suffering compensation for psychological trauma could be a part of workers’ compensation benefits. Chronic pain from work injuries could prevent an employee from working in the same position, adding to their stress and anxiety.

Certain workplace incidents could also lead to post-traumatic stress disorder (PTSD). Some U.S. states, such as Colorado, do allow for the payment of PTSD in a workers’ compensation case.

Alternative Avenues for Seeking Pain and Suffering Compensation

While workers’ compensation doesn’t typically cover pain and suffering, other options may be available. Workers may be eligible to receive benefits beyond lost wages through a third-party lawsuit or disability claim. Here are a few options to consider.

Third-Party Lawsuits

A third-party lawsuit or personal injury claim seeks compensation from the at-fault party for the workplace accident. A personal injury lawsuit requires proof of negligence, which means the responsible party neglected their duty of care. Liability in a personal injury case may fall on the employer, another employee, or a third-party person such as a customer, vendor, or driver.

For example, an employee injured in a car accident could seek compensation from the responsible driver. A toxic substance claim could lead to a defective product lawsuit. Depending on the details of your case, it may be possible to seek pain and suffering compensation through a third-party lawsuit claim.

Work with a skilled personal injury lawyer to file your lawsuit to ensure you have enough evidence to prove fault. Typical personal injury claims include economic and non-economic damages, which cover medical expenses, wage loss, and pain and suffering.

Specific State Laws and Regulations

While most state workers’ compensation plans don’t allow for pain and suffering compensation, some do cover psychological-related conditions, such as (PTSD). Work-related PTSD is covered through workers’ compensation claims in Oregon, California, Minnesota, Illinois, Michigan, Virginia, Vermont, Maine, and Delaware.

The Role of a Workers’ Compensation Attorney for Injured Workers

Working with an experienced workers’ compensation lawyer helps injured employees collect maximum compensation. Here are a few reasons to consider working with a workers’ compensation lawyer.

Assessing Your Case and Potential for Compensation

A workers’ compensation lawyer can help assess your case and determine its potential for compensation. Our law firm is familiar with various state laws related to workers’ compensation claims, allowing us to guide you on the best path for maximum compensation. We’ll help you through the claims process, ensuring you meet all timelines and eligibility requirements.

Maximizing Your Benefits

Suffering a work injury can be life-changing. Employees are entitled to workers’ comp benefits, and our law firm helps them access the benefits they deserve. Working with our personal injury lawyers improves your chances of a successful workers’ compensation claim and helps maximize your benefits.

Exploring Third-Party Claims

Sometimes, workers’ compensation isn’t sufficient to cover the total cost of damages. A workers’ comp claim can help cover medical treatment and lost wages. However, an extensive work injury can also lead to psychological impacts, which deserve compensation. Our lawyers help injured employees explore other options, such as a personal injury lawsuit.

Our team handles everything, including claim investigations and evidence collection. Once we have a strong workers’ comp case, we’ll file a personal injury claim with the appropriate court. Sometimes, a personal injury claim leads to a settlement offer. However, if you don’t receive a fair settlement offer, we’re also prepared to take your personal injury suit to trial.

Secure Expert Legal Representation

A workers’ compensation claim is a good start to recovering the funds you need after a job injury. Medical care costs, lost wages, and emotional pain and suffering can quickly add up and put you in a difficult financial and psychological position.

Injured employees may be eligible for compensation beyond basic medical needs. In some cases, pain and suffering payment may be available. Our skilled Chicago personal injury attorneys help injured workers receive the benefits they’re entitled to. We work with clients on a case-by-case basis to determine the best legal route for compensation.

Contact our team today at (888) 424-5757 for a free consultation, or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.