Does Workers’ Comp Pay for Pain Suffering?

In California, workers’ compensation covers specific types of benefits for employees injured on the job, including medical care, wage replacement, and in some cases, disability benefits.

However, it does not cover pain and suffering in the way that personal injury claims do.

Pain and suffering are considered non-economic damages that reflect emotional distress, physical pain, and loss of enjoyment, which workers’ comp does not traditionally address. Workplace injuries fall under different guidelines depending on whether a worker pursues a workers’ compensation claim or files a separate personal injury lawsuit.

Workers’ Compensation vs. Personal Injury Claims

In California, workers’ compensation is a no-fault insurance system. If you’re injured at work, you’re entitled to workers’ compensation benefits without needing to prove that your employer was negligent. Workers’ comp benefits focus on covering economic losses related to the work-related injury, such as:

• Medical Expenses: Full coverage for medical bills for the injured worker, related to the workplace injury they sustained, including surgeries, prescriptions, and rehabilitation.
• Temporary Disability: Wage replacement for a portion of the workplace accident victim’s income while they recover.
• Permanent Disability: Compensation if the injury leads to a permanent impairment affecting a workers’ ability to work.

The intent of workers’ compensation system is to ensure that employees get prompt benefits without having to engage in lengthy lawsuits or prove fault for a work-related accident. In exchange, workers forfeit the ability to sue their employer for pain and suffering compensation, or other damages, which is why workers’ comp benefits are often limited to direct economic losses.

In contrast, a personal injury claim allows injured parties to pursue additional damages, including pain and suffering, emotional distress, and other issues. Personal injury law is designed to hold parties responsible for negligence or misconduct and to make victims “whole” for both economic and non-economic losses. However, personal injury claims generally cannot be filed against employers for workplace injuries due to workers’ comp exclusivity rules (however, each case is different).

When Can You Pursue a Personal Injury Claim for a Workplace Injury?

While workers’ compensation is the primary recourse for job-related injuries, exceptions do allow injured workers to pursue a personal injury claim, even in California:

1. Third-Party Claim: If a third party (such as a subcontractor or equipment manufacturer) contributed to the injury, a worker may be able to sue that third party for compensation, including pain and suffering. For example, if a delivery driver is injured in a car accident caused by another driver, they may file a workers’ comp claim and pursue a personal injury claim against the negligent driver.
2. Employer Misconduct: In rare cases where the employer’s actions were especially reckless or intentional, injured workers can work with a workers’ compensation lawyer to file a lawsuit. If, for instance, an employer knowingly disregards safety regulations and an employee suffers a serious injury as a result, this could potentially open the door to additional compensation.
3. Product Liability Claims: If the injury involved defective equipment or machinery, an employee might have grounds to sue the product’s manufacturer for product liability. This type of claim would allow the worker to seek damages for pain and suffering and other non-economic losses not covered by workers’ comp.

Why Workers’ Comp Doesn’t Cover Pain and Suffering

The idea behind workers’ compensation is to get aid for injured workers with certain limitations to prevent legal disputes. If employees could sue for pain and suffering on top of collecting workers’ comp benefits, the system would become more complicated and expensive. In theory, the benefits of quick access to medical treatment and wage replacement outweigh the absence of pain and suffering damages, though some employees may feel otherwise.

Workers’ comp is designed as a type of financial support, rather than an avenue to address all forms of injury impact. By ensuring employees can recover economically, workers’ comp aims to be a system where workers aren’t burdened with proving employer negligence.

Steps to Pursue Pain and Suffering Compensation

If an employee’s injury resulted from a serious, preventable accident involving negligence or reckless conduct from a third party, consulting with an experienced workers’ compensation lawyer or employment attorney may be the best option. They can help assess whether you might be eligible for a personal injury claim or third-party lawsuit in addition to workers’ comp. Be aware of time limits—California’s statute of limitations for personal injury claims is typically two years from the date of injury. Lawyers for Justice, PC is a contingency law firm, which means they do not make any money off a client’s case unless they win it. They are a firm of California lawyers who have the best interests of the people in mind.

Does Workers Comp Pay For Pain and Suffering – FAQ

can you sue workers’ comp for emotional distress? If a workers’ condition is condition is truly tied to your work, you may be entitled to workers’ compensation. A workers’ compensation case can vary for reasons. If an employee is stressed at work, Lawyers for Justice, PC (LFJ) can help.

can i sue workers’ comp for negligence? Typically, it is hard to sue for negligence if a worker accepts workers’ compensation benefits. However, each work-related injury is different. Contact LFJ directly for questions about workers’ compensation claims.

can i sue my job for emotional distress? If a supervisor caused emotional distress or a co-worker recklessly or intentionally inflicted emotional distress, there could be a case. However, it usually heavily depends on the context of the situation.

how do i get pain and suffering payment from workers’ comp? Workers typically can’t recover for any noneconomic damages with a workers’ compensation claim. They would usually need to file a personal injury case.

can i sue my employer for pain and suffering? If you can prove that your employer intentionally did something that they knew would injure you, or could injure you, you may be able to sue them, however each case is different..

does workmans comp pay for pain and suffering? According to the California Department of Industrial Relations, “Workers’ compensation benefits do not include damages for pain and suffering or punitive damages.”

how much can you get for suing your employer for emotional distress? Each work injury, whether it’s emotional or physical, has different issues and implications. The best thing to do would be to speak to a workers’ compensation lawyer to see if you can receive benefits and/or compensation for your claim.

if you get hurt at work who pays? Medical care must be paid for by the employer if someone gets hurt on the job — whether or not they miss time from work.

can you sue your employer for unsafe working conditions? If your employer fails to maintain a safe working environment, or willingly disregards safety regulations that result in an injury, employees may be eligible to file a lawsuit.

can i sue my employer after workers compensation? It depends on what the employee is suing them for. Usually, employees can opt to sue for the injuries they sustained at work. However, they typically forfeit the compensation benefits under workers’ compensation.