Unfortunately, you cannot get compensation from workers’ comp for pain and suffering if you are hurt at work in Georgia. Even though a work-related injury can cause you a lot of physical pain and emotional suffering, workers’ comp claims are different than other types of injury claims and what you can seek in compensation is more limited.
What is “pain and suffering”?
Pain and suffering is the legal term for physical and emotional stress you might experience from an injury or accident. It is a category of general damages in personal injury cases, but unfortunately not with workers’ comp claims.
How is workers’ comp different from a personal injury lawsuit?
Even though they are similar in that they both cover your medical bills and lost wages. there are a few major differences:
- Per above, workers’ comp does not cover you for pain and suffering or diminished quality of life.
- Workers’ comp is a “No-Fault” system, so you do not need to prove that your employer is at fault for your injury. As long as you are injured on the job, you will be compensated for your lost wages, medical bills, permanent damages, and the potential of retraining for your vocation.
What does workers comp cover?
Workers’ comp in Georgia pays:
- Disability benefits to replace your income
- Medical benefits to give you access to health care
- Any permanent impairment rating your treating doctor gives you
Can you sue your employer if you get hurt at work?
Since workers’ compensation is a “no-fault” system, your employer will not be considered for their role in the injury. By collecting workers’ compensation, you automatically waive your right to sue your employer or your coworkers for any damages beyond the scope of workers’ compensation payments.
How can you maximize your workers’ comp benefits?
Your workers’ comp case will be entirely dependent on the specifics of your situation. Your earning history, the amount of your medical bills, the extent of your injuries, and your ability to rejoin the workforce will all play a role in determining this final number. If you are unable to return to work because of permanent injuries or are unable to resume your former job, these will add to the amount you are entitled to because of permanent disabilities or your need to learn a new vocation in order to get back to your former earning potential.