Can “Pain and Suffering” be part of my Worker’s Compensation Settlement?

Pain and Suffering is the physical and mental distress suffered from an injury.  This is a part of damages and include the actual injury such as broken bones, but also issues such as aches, potential shortening of life, scarring and depression.  Damages are recoverable by someone injured by another’s negligence or intentional attack. 

Pain and suffering is awarded in a Personal Injury case, but not Worker’s Compensation.  Worker’s Compensation is a set system in place to secure resolution of claims between the injured worker and their employer.  When you file for Worker’s Compensation under a state’s laws, you lose the right to sue for pain and suffering.  This system is supposed to ensure benefits are received quicker, but compensation is usually limited to payments for medical bills and wage loss. 

There are a few exceptions.   If you have developed a mental disorder due to dealing with chronic pain, for instance you may be able to seek treatment as part of your Worker’s Compensation case.  There are also certain circumstances such as a car accident while on the job where you can sue the driver as a third party under Personal Injury and potentially receive compensation for pain and suffering. 

ESR Law Group is a Worker’s Compensation law firm in the Chicagoland area. Contact us today to discuss a case or learn more about Worker’s Comp pain and suffering.

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