Nov 8, 2021

Pain, Suffering & Workers’ Compensation

Workers’ compensation can pay for many of your damages after being in a work-related accident. But will it pay for your pain and suffering damages? No, most likely not.

When you file for workers’ comp benefits, you are using a no-fault insurance system that practically guarantees your claim will be accepted – keyword: practically. The exchange for this streamlined system is that you can’t sue your employer for your accident, and the insurance company doesn’t have to pay you for most or any non-economic damage like pain and suffering damages.

In very rare cases, pain and suffering damages can be provided through a workers’ comp claim if the claimant experienced a mental health difficulty due to their work. But this circumstance is highly uncommon, so you shouldn’t expect or depend on it for your case.

What Benefits Do You Get?

Workers’ compensation typically provides these five benefits:

  1. Indemnity or wage replacement: While you cannot work due to your injury, you can receive a portion of your average pre-injury weekly wages.
  2. Medical treatments: 100% of the costs associated with necessary medical treatments should be provided and covered.
  3. Disability pay: If you cannot return to your regular work or any work, then your treating physician will assign a permanent impairment rating to you, which will influence the disability pay you can receive.
  4. Vocational rehabilitation: You can be provided no-cost courses, certifications, and training to begin a new job either at your current or a new employer.
  5. Attorney fees: If your workers’ comp case goes to court and ends in your favor, the court might require the defending insurance company to pay your attorney fees and other legal costs.

Can you Ever Sue Your Boss for a Work Injury?

There is typically no room to sue your employer after a work injury if you have workers’ compensation. You can only sue your employer if they caused your injury through egregious negligence or criminal wrongdoing. Still, before you try to explore that legal avenue, you should talk to a workers’ compensation attorney to make sure that, in doing so, you don’t ruin your chances of getting workers’ comp benefits.

Hansford McDaniel LLC in Atlanta, Georgia, can handle complex workers’ compensation cases. If you have any questions about your case or know you need legal support, contact our firm now.