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Can You Get Compensation for Pain & Suffering in a Workers' Comp Claim?

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 (888) 558-0622.