Jul 18, 2018

Can I Receive Compensation for Pain & Suffering in a Workers’ Comp Claim?

If you have been injured at work, filing a workers’ compensation claim can provide financial relief. However, unlike personal injury claims, which provide compensation for economic and non-economic damages, workers’ comp claims only cover economic damages. This means you will not be able to receive a settlement for pain and suffering or other non-economic damages. Our firm wants you to be informed regarding what types of compensation you may be entitled to for your workplace injury or illness.

Understanding the Difference Between Economic & Non-Economic Damages

1. Economic (Special) Damages

Economic damage are fairly easy to calculate. They include:

  • Past, present, and expected future medical bills
  • Lost wages
  • Temporary or permanent disability
  • Death benefits

Injured employees are entitled to compensation for all medical expenses. These include the full cost of treatments, prescriptions, hospital visits, doctor appointments, travel to medical appointments, and other expenses. In addition, compensation for lost wages is provided at the rate of 2/3 of your average weekly wage, with a maximum amount of $550 per week. Workers who have been injured may also be entitled to permanent disability benefits.

2. Non-Economic (General) Damages

Non-economic damages are difficult to calculate. They include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Employees who are injured at work will not be able to receive compensation for non-economic damages. However, if your employer’s negligence or another person’s actions directly caused your injuries, you may file a third-party liability claim. This may allow you to seek compensation for both economic and non-economic damages.The state of Georgia uses a no-fault workers’ compensation system. This means you don’t have to prove the fault of your employer in order to seek compensation. However, if you file a third-party liability claim, you will need to use evidence to prove the fault of the other party.

Hansford McDaniel LLC represents clients who have suffered workplace injuries and illnesses. Whatever your situation, our Atlanta workers’ compensation attorneys will use efficient legal strategies to build your case and guide you through the process. Call our firm today at 770-922-3660 to schedule a free consultation.