Can You Claim Pain and Suffering in Workers Compensation?

 

Workers comp does not pay damages for pain and suffering. However, you can recover additional wage loss and medical benefits for mental health conditions caused by your physical injuries. And you can seek money for pain, suffering, and loss of quality of life if you have a third-party lawsuit arising from the industrial accident. 

 

“Will I get compensated for my pain and suffering?” This is one of the most common questions I get as a Virginia workers compensation lawyer. And unfortunately the right answer is one that I wish I didn’t have to give.

 

Severe work injuries can cause a lifetime of pain and suffering. A workplace accident and the resulting injuries may have a negative effect on you and your family physically, mentally, and financially. It only makes sense that you expect to get compensated for what you’ve gone through – and what you will have to continue to go through for the rest of your life because you were hurt on the job.

 

This article explains why Virginia workers compensation does not provide monetary damages for pain and suffering and how this impacts the average value of Virginia workers compensation settlements. Keep reading to learn more and to see if you may bring both a workers comp claim and personal injury lawsuit because of your work accident, in which case you may recover for pain and suffering.

 

If you have questions about your case, or are looking for high-quality legal representation to win at hearing or negotiate a lump sum payment, contact work comp attorney Corey Pollard today: 804-251-1620 or 757-810-5614. We can help you obtain temporary total disability, temporary partial disability, permanent partial disability, and lifetime medical benefits to ease your pain and suffering. Call now for a free consultation and to see why injured employees in Richmond, Newport News, Fredericksburg, Norfolk, Hampton, Williamsburg, Virginia Beach, Fairfax, Charlottesville, and Roanoke have turned to us in their time of need.

 

Understanding Pain and Suffering in a Personal Injury Lawsuit

 

Most of you have probably heard the term “pain and suffering,” but don’t know what it means exactly. Pain and suffering are key elements of compensatory damages in personal injury cases.

 

There are two types of pain and suffering: physical pain and suffering and mental pain and suffering.

 

Physical pain and suffering refers to an injured person’s actual physical injuries and symptoms. It includes all pain and discomfort experienced from the date of the accident to the date of the verdict or settlement, as well as the impact that the injuries will have on the accident victim for the rest of their life because of the defendant’s negligence.

 

As a Richmond car accident lawyer I help accident victims recover compensation for physical pain. The best way to prove physical pain is through the victim’s medical records and testimony. .

 

Mental pain and suffering may result from the accident victim’s pain or other non-pain-related issues. Suffering includes anxiety, depression, embarrassment, fear, frustration, helplessness, humiliation, and other mood disorders. Depending on the nature of the accident, it may also include post-traumatic stress disorder (PTSD).

 

In addition to the victim’s testimony and medical records, testimony from medical experts in the fields of neurology, psychiatry, psychology, and orthopedics can help establish mental pain and suffering.

 

Though pain and suffering are types of damages available in personal injury cases, you can not receive them through workers’ compensation. But there is an exception to this rule.

 

If you’ve developed a mental or emotional condition, such as depression, anxiety, or PTSD because of your physical work-related injury, you may receive wage loss payments and medical care through workers comp. Your mental health condition would be considered a compensable consequence of the original work injury.

 

The Development of the Workers Compensation System Explains Why There is No Compensation for Pain and Suffering

 

Workers’ compensation systems have been around for centuries. Some historians say that 17th century pirates had a form of workers’ comp. Pirates hurt on the job would receive money and prizes from fellow pirates.

 

Germany was the first nation to establish a legal compensation plan for injured employees. That was done in the late 1800s. France, Italy, and England soon followed and established plans of their own.

 

Maryland established a workers’ compensation law in 1902, becoming the first state to do so. Virginia was the 37th state to pass a workers’ compensation law. That was done in 1919. Now every state has a workers’ compensation law.

 

So why were workers’ compensation laws necessary? Because both injured employees and employers were unhappy with common law remedies.

 

Before workers’ compensation laws were passed, an injured employee would have to sue his or her employer in civil court. The employee would have the burden to prove that the employer was negligent in that it had failed to provide a reasonably safe work environment, and that the breach of duty caused the employee to get hurt on the job.

 

Even when the injured employee proved negligence, he would have to overcome several defenses. These defenses included contributory negligence, assumption of risk, and the fellow-servant rules. Each of these defenses served as a bar to compensation for the work injuries.

 

Employers were often successful using these common law defenses. Countless injured workers received no compensation. And even when an injured employee did prevail, he had to wait years because of litigation delays. This caused an enormous burden on society. Injured workers and their families had to rely on charity when they were denied compensation, which in turned put stress on society.

 

Though employers had success defending against these claims, they were not happy with the common law system. When the injured employee was able to overcome these defenses, juries would often render large verdicts that compensated the injured employee for pain and suffering.

 

To remedy their concerns, injured employees and employers reached a compromise. Under most workers’ compensation systems, an injured employee is unable to receive compensation for pain and suffering. In exchange, employers cannot argue contributory negligence, assumption of risk, or the fellow-servant rule. You can still obtain work comp benefits if your negligence caused the job injury. As with most compromises, neither side has ended up happy.

 

More job injuries and work-related accidents are covered under workers’ comp because negligence is not a bar to recovering benefits. You can receive benefits even if your own negligence caused the accident and your injuries. The commission has awarded benefits time and time again, even when the employer has proven that the injured employee was at fault. We’ve successfully obtained work comp benefits and settlements for employees who were injured while violating traffic laws, even when they received a ticket for their actions. The no fault workers comp system is beneficial in many situations, but at the expense of no compensation for pain and suffering due to a workplace accident.

 

When You Can Recover Pain and Suffering for a Work Injury Caused by a Third Party

 

Depending on how you were injured at work, you may have a third-party civil action if someone else’s negligence caused your injury. A “third party” is a person or company other than your employer or a co-worker who may be liable for your injuries on the job. It may include an independent contractor or the manufacturer of the equipment or machinery that caused your injuries.

 

For example, if you are hurt in a motor vehicle crash while working, you may have a work comp claim against your employer and a civil action against the other driver. If so, you can receive compensation for pain and suffering in the third-party action while pursuing workers compensation benefits through a claim filed with the Virginia Workers Compensation Commission.

 

Attorney Corey Pollard Helps You Recover Every Penny and Medical Treatment You’re Entitled to Through Workers’ Comp to Help You Deal with Your Pain and Suffering

 

Trying to navigate the workers compensation claims process is tough in the best of situations. It’s even more difficult when you’re dealing with injuries, pain, and mental and financial stress.

 

You’re not alone. Contact us today for help determining your legal rights under the Workers Compensation Act and personal injury laws. We’ll pursue all options on your behalf.

 

Don’t deal with the pain and suffering following a work accident on your own. Call now for a free consultation: 757-810-5614 or 804-251-1620.

Corey Pollard
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