Can You Get Pain and Suffering With Workers’ Compensation?

No, you cannot usually get pain and suffering with workers’ compensation. However, that does not mean you can’t receive any compensation from workers’ comp. Instead, workers’ compensation is intended to cover economic losses rather than non-economic losses. 

This type of compensation is especially beneficial if you find yourself unable to feel fully at ease because your mind is preoccupied with worrying about how you’ll afford to take time off work. After all, your job is likely the reason you’re able to pay your bills in the first place. 

An Atlanta workers’ compensation lawyer can help you understand how to work toward workers’ compensation that keeps you afloat. At the same time, you recover from the pain and suffering you’ve endured as a result of an accident in the workplace. 

What Does the Law Say About Who’s Entitled to Workers’ Compensation Benefits? 

If you work for an employer who operates a business that employs three or more people, you can receive coverage for workers’ compensation insurance from your place of work. It’s illegal for any company that meets this requirement not to have workers’ comp readily available. 

It doesn’t matter how you get hurt, either—workers’ compensation doesn’t work in the same way as standard personal injury cases. Instead, regardless of fault, you can receive benefits for your economic losses, ranging from medical treatment costs to lost wages. 

That said, the process of receiving workers’ comp can be complicated. It’s important to learn how to find a good workers’ compensation lawyer in Atlanta so that you have someone who understands the ins and outs of workers’ comp claims by your side. 

What Is Classified As Pain and Suffering? 

“Pain and suffering” is the legal term for both the physical and emotional stress you might experience because of an accident. It also takes into consideration how the pain or suffering you endured has required you to make lifestyle changes to accommodate your injuries. 

Here are examples of pain and suffering:

• Anxiety or depression
• Loss of enjoyment of life
• Scarring or disfigurement
• Emotional and mental distress
• Fear, anger, or humiliation

For example, if you were to get into a car accident, you might experience pain and suffering when trying to perform the same simple tasks you used to do before the collision. 

Similarly, someone who was burned in a workplace accident may face a lot of embarrassment or humiliation in social situations because of their now-altered appearance. 

In short, anything that decreases your quality of life because of physical injuries might be considered pain and suffering.

Is Workers’ Compensation Different From Insurance Claims? 

Yes, workers’ compensation is different from insurance claims. While pain and suffering damages are often available to pursue in a personal injury case, the process differs in workers’ compensation claims. 

This is because workers’ comp was set up to make the claims process easier for employees and their employers. For example, you cannot sue your employer for workers’ compensation benefits. At the same time, you do not have to prove fault to receive compensation. 

While these workers’ elements often compare benefits, it comes with a tradeoff: you cannot receive pain and suffering compensation through a workers’ compensation claim. In a workers’ compensation claim, your benefits are typically limited to the following:

• Compensation for medical costs you accrued due to your injuries
• Weekly wage benefits if your injuries prevent you from working 
• Rehabilitation benefits for employees who need ongoing care
• Death benefits for dependents of an employee who dies from a work injury

If you ever have any questions about the difference between workers’ comp and insurance claims, the list of Workers’ Compensation Law FAQs from the Georgia State Board of Workers’ Compensation has you covered. 

Statute of Limitations for Workers’ Compensation Claims 

Even though you should report your workplace injury to your employer within 30 days of the incident, the Official Code of Georgia Annotated (OCGA) § 34-9-82 only gives you one year to file your workers’ compensation claim. 

This is half the time of typical personal injury claims made against insurance companies. As you can see, you don’t have all the time in the world to pursue the benefits or the compensation you deserve. 

So, while we don’t encourage you to rush through every step, we want to emphasize that time isn’t on your side. But we are, and the sooner you reach out to us, the sooner we can start the process of filing a workers’ comp claim on your behalf. 

Speak With an Atlanta Workers’ Compensation Attorney for Help Understanding Pain and Suffering 

At John Foy & Associates, we have been helping injured workers secure the benefits they deserve for over 25 years. We understand the nature of workers’ compensation cases, and with us by your side, you can trust that you have someone advocating for you every step of the way. 

We make it a point to fight tirelessly to secure the benefits you’re entitled to, and we’re here to support you as you seek the compensation you deserve. If you have any questions about pain and suffering, we can give you clear and honest answers tailored to your situation.

Don’t face the workers’ compensation process alone—call us today to learn more about our firm and how we can set up a no-obligation consultation at no cost to you. Let us help you take the first step toward receiving the financial relief you need to move forward with your life.