It is generally not possible to receive compensation through a
workers’ compensation claim for pain and suffering. The only benefits one may receive through
this claim are wage-loss benefits and medical expenses for the work-related
injury. Pain and suffering usually refers not only to the discomfort,
aches, and pains associated with your injury, but to psychic injury as
well. For example, depression, loss of enjoyment, or decrease in quality
of life would be considered psychic injuries that fall within the pain
and suffering umbrella.
The workers’ compensation system, however, was designed to allow
for a speedy process between employee and employer when it comes to resolving
injury claims. This process is also what limits payments to medical bills
and wage loss. There are some cases in which an emotional disorder may
be something for which you can receive compensation. If, for example,
you were diagnosed with depression as a result of trying to cope with
chronic pain from your work-related injury, you may be able to recover
benefits for this. It would not be considered “pain and suffering”,
but you could file a separate workers’ comp claim to receive compensation.
A workers’ comp claim is not your only course of legal action. If
you would like to recover compensation for pain and suffering, you may
file a civil lawsuit. If a third party was responsible for your injuries,
you might also want to consider bringing a personal injury claim against
that person in court. A third party would be someone other than your employer,
such as a co-worker, independent contractor, or the manufacturer of equipment
you used that resulted in your injury.
At Brooks Law, we are passionate about helping each client we represent,
whether we are addressing a workers’ compensation or social security
disability. We dedicate ourselves to making a real difference in the lives
of those we help.
Call us now for a free consultation at