Whether an injured employee is entitled to claim pain and suffering and/or emotional distress compensation differs according to state law. For the most part, these types of damages are not available in a workers’ compensation lawsuit. Many state workers’ compensation programs specifically prohibit employees from seeking these sorts of damages in the context of a workers’ compensation claim. Furthermore, while these types of damages are readily available in most personal injury lawsuits, employees who suffer work-related injuries may not be eligible to file personal injury lawsuits against their employers seeking compensation for pain and suffering.
Emotional Distress for Workers Compensation Claims?
One of the main general differences between workers’ compensation claims and personal injury claims is that most state workers’ compensation laws do not provide for any sort of award for pain and suffering and/or emotional distress related to the employee’s injuries. On the other hand, such damages are fairly routine in a personal injury lawsuit, and may also be available in some states through wrongful death claims and/or specific claims for intentional infliction of emotional distress.
The catch is that many state workers’ compensation programs preclude employees with work-related injuries and/or illnesses from pursuing their employer for such damages, or any damages at all, through a personal injury lawsuit. In most states, workers’ compensation program is the sole remedy for an employee with a work-related injury and/or illness. Therefore, damages for pain and suffering and/or emotional distress arising from the work-related injury or illness generally are not available for most employees in this situation.
How to Get Compensation for Pain and Suffering
Only an attorney who specializes in personal injury and/or workers’ compensation law is qualified to advise you of your rights to seek different sorts of compensation in the context of a work-related injury or illness. Therefore, if you have suffered such an injury or illness during the course of your employment, you should contact a qualified attorney for assistance.