Is pain and suffering included in a workers’ compensation payout?
Pain and suffering, often a flashpoint in high-profile personal injury cases, is a recognizable form of compensation for most folks. It’s typically broken down into two categories, compensation for the physical pain of an injury and compensation for the mental pain and emotional trauma of an accident.
But determining how someone’s pain and suffering should be compensated is a complex, lengthy process. It’s not about paying outstanding bills or restoring property. It’s about attempting to compensate for something intangible.
The workers’ compensation system, however, is meant to move quickly. It’s set up as a no-fault system, meaning you can receive workers’ compensation even if the injury was your fault. As a trade-off, there are limits to how much injured workers can recover outside of medical expenses and lost wages.
Why Pain and Suffering is Not a Part of The Workers’ Compensation System
Workers’ compensation was designed to help injured workers get the care and support they need after an on-the-job accident. Unlike personal injury cases, which can take months or even longer, workers’ comp cases are meant to provide quick relief by taking the idea of fault out of the equation.
Unfortunately for injured workers, this means that there’s no provision to receive compensation for pain and suffering—at least in the traditional sense. But injured workers may still have some options, making it smart to always seek the opinion of an Atlanta workers’ compensation attorney.
Compensation Options for Workplace Injuries
If there is a mental health challenge that can be directly linked to the workplace injury, it may be possible to receive workers’ comp to cover the associated treatment. For example, if a person is injured by a forklift at work and develops severe anxiety during recuperation for his back injuries, he may be able to receive benefits that cover his therapy and medications.
Workers’ comp claims can also sometimes go hand-in-hand with personal injury cases if there’s a third party involved. For example, an employee injured while driving for work may file a workers’ comp claim with her employer. But she may also bring a personal injury suit against the at-fault driver, one that includes compensation for pain and suffering. Or a worker who slips on ice at his office complex may have a workers’ compensation claim with the employer and a personal injury suit against the property management company for failing to keep walkways safe.
Because injured workers do sometimes have multiple avenues for recovery, it’s important to document your situation, seek medical attention and speak to a team of workers’ compensation lawyers in Atlanta.
Georgia Workers’ Compensation Lawyer
If you’ve been injured at work, you need a workers’ comp attorney who can advocate for you and get you the compensation you deserve. Contact the Law Offices of Laura Lanzisera today for a free consultation, or give us a call at 404-991-5097.