Pain and Suffering in Workers Compensation Claims

Pain and Suffering in Workers Compensation Claims

In the event of an injury at work, an employee needs to submit a workers compensation claim to get their costs covered. Some accidents leave more than physical scars, however, and you may be wondering if you can get compensated for pain and suffering through your workers compensation claim. Here is a breakdown of how pain and suffering can be adjusted in your claim and other benefits of workers comp.

Pain and Suffering 

Pain and suffering are not directly covered by workers compensation. This kind of damage is usually referred to when someone else is responsible for the accident that caused your injury. Workers compensation is intended to protect employers from lawsuits in the case of an injury so that more employers are encouraged to get it. The downside of this is if no one can be blamed for the accident, then pain and suffering cannot be compensated.


If your injury has caused pain and suffering, you may be able to file a separate claim or lawsuit from your workers compensation claim. You can do this if someone other than your employer was responsible for your accident, such as another driver. You can file a personal injury claim to get compensated for your pain and suffering through their individual insurance.

Workers Comp Coverage

So, if you file a workers compensation claim, what benefits are you entitled to? Workers compensation can cover expenses relating to your injury, including short-term and long-lasting medical costs. It provides coverage for people who become permanently disabled and includes funeral expenses if needed. You can receive wages up to a certain amount of time while you recover, and an employer can help relocate you into a new position if your injuries prevent you from working at your old one.

Workers Comp Lawyers

Sometimes your rights aren’t the first thing on the insurance company’s mind when it comes to paying you for your injury. If you run into obstacles that are preventing you from getting rightfully compensated, you can always call an attorney to ask for advice or hire one to represent you. Workers compensation lawyers with ample experience in their fields can help you navigate tricky state laws and other factors that may affect your case. Search for a good lawyer by asking around for referrals or looking online. You can make an initial appointment with Long Island work injury lawyers at the office of Polsky, Shouldice & Rosen, P.C. to see if they are the right fit for you and your case.

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