Why Does Workers’ Comp Not Provide Pain And Suffering Damages?


Getting hurt on your job can be a scary experience. Depending on the severity of the accident and your injuries, you may suffer physically as well as psychologically. The impact of the injury may last for a few weeks to years. In personal injury cases, you may have heard of the term pain and suffering damages and wondered if workers’ comp provides it.

However, workers’ compensation claims differ from other personal injury cases, especially regarding the type of losses one can recover. If you have been injured at your workplace, it is in your best interests to contact an attorney and consult them for help. click here to know more.

What is “Pain And Suffering”?

According to legal terms, “Pain And Suffering” are the emotional damages that a person incurs when they suffer from a workplace injury. These damages result from the negative effects of the injury on your emotional and mental health. Damages you can recover may include:

  • Post-traumatic stress disorder (PTSD)
  • Sleep disturbances
  • Chronic physical pain
  • Anxiety
  • Immobility and loss of function
  • Depression
  • Loss of enjoyment of life

It is important to understand that pain and suffering are supposed to pay for your negative experiences, not the associated cost. Therefore, they are a type of non-economic or intangible loss.

Workers’ compensation is different from insurance claims

Even though workers’ compensation is supposed to cover your workplace injury damages, they are unfortunately different from insurance claims. In a workers’ compensation claim process, you are basically entitled to the following:

  • Medical costs
  • Lost wages (if the injury prevents you from working for at least seven days)
  • Rehabilitation benefits
  • Death benefits (if the worker dies from the injury)

Workers’ compensation does not cover pain and suffering, which can be frustrating for many workers. Many injuries can leave you with immense pain and emotional turmoil. However, even though pain and suffering is not available through workers’ comp, you should still work with an attorney to determine whether you have other options.

One of the options you can seek is filing a third-party claim. However, this is only possible if a third party was to blame for the accident other than your employer. For example, suppose you have had a slip and fall accident because another worker had spilled grease on the floor. You can file a claim against their insurance company and recover pain and suffering damages.

If no third party was at fault, you could also file an insurance claim against your employer. However, you should note that once you accept the workers’ comp settlement offer and sign the document, you lose your right to file a claim.