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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 are the legal terms 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.
Suffering a serious injury at work can be a painful experience that can not only affect you physically but also take a toll on your emotional well-being. As such, you may think you’re entitled to compensation for non-economic damages such as emotional distress, loss of enjoyment in life, and pain and suffering.
Why Doesn’t Workers’ Compensation Cover Pain and Suffering?
While workers’ comp claims are often lumped in with personal injury suits such as dog bites, car accidents, and construction site incidents, they differ in a number of ways. Firstly, workers’ comp is a “No-Fault” system, so you will not need to demonstrate that your employer was negligent, only prove that you were injured while working. Secondly, while you can receive a wide range of different benefits, intangible losses such as pain and suffering aren’t covered by this insurance.
What Does Workers’ Comp Cover?
If you were hurt at work, you’re probably wondering about the types of benefits you will receive when you file for workers’ compensation. Keep in mind that the compensation available to you will depend on the unique circumstances surrounding your case.
Let’s look at some of the benefits you might be paid:
- Income Benefits: If your condition prevented you from returning to work for more than seven days after the incident, you might be able to recover compensation for lost income. You will typically receive around two-thirds of what you were earning per week prior to the accident, but these weekly payouts—as of July 1, 2022—are capped at $725.
- Medical Benefits: From doctor’s appointments to hospital stays to physical therapy, you can seek compensation for any of the necessary expenses involved in treating your condition. To make sure you can receive these benefits, you must be treated by a healthcare provider authorized by your employer. However, if you require urgent care after a workplace accident, you should visit the nearest urgent care facility or emergency room as soon as possible.
- Death Benefits: If a worker is killed on the job, their surviving family members may be able to recover compensation for a portion of what the deceased was earning. These benefits may also provide funds to cover burial and funeral expenses.
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.
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.
Injured at Work? Speak to an Atlanta Workers’ Comp Attorney Today
If you were hurt on the job, you deserve an attorney who will fight relentlessly to help you obtain the compensation you deserve. At Moebes Law, our lawyers are armed with the knowledge, resources, and experience necessary to prevail in even the most complex cases.
Not only can we assist with opening a claim with the State Board, but we can also provide tenacious representation during mediation or in court. Dial (404) 354-5432 or click through to our contact form HERE to schedule a free case assessment with an Atlanta workers’ compensation attorney.
