Pain & Suffering

Understanding Why Indiana Law Precludes Pain and Suffering Compensation for Work Injuries

Often clients ask if they can receive compensation for pain and suffering related to their work injuries. Unfortunately, in Indiana and most other states, workers compensation does not cover pain and suffering. A quick look into the history of workers comp in Indiana helps to explain why the policy exists.

Indiana began writing workers compensation legislation in 1893, passing its first major act in 1915. The Workers Compensation Act created a system in which injured workers could receive compensation without having to prove employer negligence. This simplified the process of resolving claims, thus making it easier for injured workers to collect benefits. However, it also meant that certain damages, like pain and suffering, were not eligible for recovery. So, while you may be frustrated that the law prevents you from being awarding any money to mitigate your pain and suffering, understand that it does so in order to make receiving compensation for your medical bills and wage loss much easier.

Though you cannot receive direct compensation for pain and suffering, in some cases you may be able to recover benefits indirectly. If, for example, you are diagnosed with a mental or psychological disorder stemming from your work injury, your treatment for that disorder could be covered through workers comp.