Does Workers’ Compensation Insurance Pay For Pain And Suffering?

Workers’ compensation covers vital expenses related to medical bills and lost wages when injured in an accident. Unfortunately, it does not cover non-economic damages such as pain and suffering.

But just because the answer to the question, “Does workers’ compensation insurance cover pay for pain and suffering?” is a no, that doesn’t mean there aren’t other avenues to seeking compensation for these and other damages.

At Klezmer Maudlin, we have proudly served Indiana workers for decades in a variety of workplace injury and accident cases. We know that the emotional distress caused by an on-the-job injury is just as debilitating as physical injuries, if not more so.

That’s why we work tirelessly to explore all possible options for our clients to receive the compensation they deserve.

Our goal with this learning resource is to clarify what workers’ comp does cover, how to seek damages beyond these benefits, and what our Lafayette workers compensation lawyers can do to help you secure maximum compensation for your work-related injuries.

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What is Pain and Suffering?

In legal terms, pain and suffering can refer to both physical and emotional damages caused by an accident or injury, including but not limited to:

• Physical pain and discomfort

• Mental anguish, including anxiety, depression, and PTSD

• Loss of enjoyment of life or inability to participate in activities as before the injury

These types of damages can significantly affect an individual’s quality of life and overall well-being. Unfortunately, workers’ compensation benefits do not typically cover these non-economic damages.

What Does Workers’ Compensation Insurance Cover?

Workers’ compensation insurance is designed to provide benefits for workplace injuries or illnesses that occur in the course of employment. Damages covered under the program can include:

• Medical expenses related to the injury or illness

• Lost wages for time off work due to the injury

• Vocational rehabilitation if unable to return to previous job duties

Benefits for these expenses vary from state to state. In Indiana, for example, injured workers can receive temporary total disability benefits of up to two-thirds of their average weekly wage. More compensation may be available when the worker suffers a permanent total disability.

How Can I Seek Compensation for Pain and Suffering?

There are a few potential options to seek compensation for this type of non-economic damage, including:

• Filing a third-party liability claim: If someone other than your employer or co-worker is responsible for your injury, you may be able to file a third-party liability claim against them seeking damages. This could include situations such as defective equipment, negligent contractors, or motor vehicle accidents while on the job.
• Pursuing Social Security Disability benefits: Those suffering from severe injuries that prevent them from being able to work may be eligible for Social Security Disability benefits. These benefits can provide financial support for both economic and non-economic damages.

The legal process for both of these options is complex. Without the help of experienced work injury lawyers, you may not receive the full and fair compensation you deserve. 

What Evidence Can Support My Claim for Non-Economic Damages?

The strength of your evidence will play a crucial role in determining how much you receive for non-economic damages after a workplace accident or injury. 

Strong evidence that supports claims for higher compensation often includes:

• Medical records showing the extent and severity of injuries, as well as any ongoing pain or discomfort

• Expert testimony from medical professionals

• Documentation of lost wages and financial impact of the injury

• Personal statements or testimonies from family members or friends about the impact on daily life and emotional well-being

• Therapy or counseling records to support claims of emotional damages

• Pain journals or diaries documenting the ongoing physical and emotional impact of the injury

These pieces of evidence provide a clearer picture of the true impact of your injuries and can help strengthen your case for higher compensation. 

If you cannot gather this information due to the limitations of your workplace accident injuries, consult a workers’ comp lawyer to help you collect evidence supporting your claim.

How Can A Lawyer Help Me Recover Compensation for Pain and Suffering?

Workers’ compensation attorneys have the knowledge and experience to navigate the legal process, can help gather necessary evidence, and effectively negotiate with insurance companies or other at-fault parties on your behalf.

Additionally, lawyers can help ensure that you do not overlook any potential avenues for compensation, such as third-party liability claims or Social Security Disability benefits. 

Without a lawyer, you may run into challenges and obstacles seeking compensation for the full extent of your injuries, such as:

• Insurance companies denying or undervaluing your claim. Insurance adjusters may use your lack of legal knowledge, growing financial burdens, or emotional distress to offer a lower settlement than you deserve or deny your claim altogether.
• Case being dismissed due to technicalities or missed deadlines. The legal system has strict deadlines and requirements for filing claims. Missing any one of them can result in your case being dismissed. A lawyer can ensure all necessary paperwork is completed accurately and on time.
• Insufficient evidence for non-economic damages. You might not be aware of the evidence needed to support your claim, or, you may not have access to it due to your injuries. A workers’ compensation lawyer can help gather this evidence and present it in a compelling manner to strengthen your case.
• Unsympathetic jury or judge. Experienced lawyers know how to present evidence and arguments in a way that resonates with a jury or judge, increasing your chances of receiving fair compensation for pain and suffering.
• Proving causation. To recover non-economic damages, you must show that your injuries were directly caused by the workplace accident or injury. This can be challenging without proper legal guidance and strong supporting evidence.

With so much at stake, hiring a workers’ compensation attorney to assist with your pain and suffering claim may be the best decision for your physical, emotional, and financial well-being. 

Many offer free case evaluations to assess the strength of your claim, helping you understand what’s needed without adding to your current monetary burdens.

Does My Pain and Suffering Qualify For Compensation?

A lawyer can help you understand if your pain and suffering qualify for compensation based on your state’s specific laws and regulations. 

However, there are general questions to consider when determining if you are eligible to receive compensation for this type of non-economic damage:

• Is my injury significantly impacting my daily life? Signs that this may be the case include being unable to perform routine daily tasks, needing assistance with basic activities, being slowed or restricted in movement, or requiring ongoing medical treatment.
• Is my injury causing emotional distress? Indicationtion that you are experiencing emotional distress may include anxiety, depression, PTSD, or difficulty coping with the physical limitations caused by your injury.
• Have the relationships with my loved ones changed as a result of my injury? A workplace accident can negatively affect your relationships with family and friends, causing strain or even loss of these connections. This can be a sign that you may be eligible for compensation for the harm you have suffered.
• Have I lost enjoyment of activities I used to do regularly? If your injury has limited or prevented you from engaging in hobbies, sports, or other activities that brought you joy, this may be a sign that your pain and suffering are significant enough to warrant compensation.
• Am I experiencing any long-term physical or emotional effects from my injury? If your injuries are causing ongoing pain and discomfort, or if you are seeking treatment for emotional distress related to the accident, this may strengthen your case.

Even if you are unsure about the answers to these and other questions that may arise, consulting with a lawyer can provide valuable insight and guidance to ensure you receive fair compensation for the harm you have suffered.

Klezmer Maudlin | Workers’ Compensation Attorneys Ready To Help You Recover Compensation for Pain and Suffering

Workers’ compensation benefits provide vital compensation for economic damages that result from workplace accidents and injuries. However, recovering compensation for pain and suffering can significantly improve your overall well-being and quality of life.

At Klezmer Maudlin, our experienced workers’ compensation attorneys are ready to help you navigate the legal process and fight for fair compensation for your physical, emotional, and financial losses. 

We understand the complexities of these types of claims and have a long history of helping injured workers in Indiana recover significant settlements for the harm they have suffered.

Whether you are struggling with emotional distress, physical limitations, or damaged relationships with loved ones, our legal professionals can provide the comprehensive and compassionate support you need to confidently pursue your case.

Schedule a free case evaluation online or at (317) 569-9644 to learn how our workers’ compensation attorneys can assist you in the fight for justice.