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Will workers' comp compensate me for pain and suffering?

When you are injured on the job, you are almost always entitled to workers’ compensation benefits. Workers’ compensation is a type of insurance employers take to protect themselves and their workers from the costs of on-the-job injuries.

Workers' comp exists so workers have an alternative to filing a personal injury claim against their employer for every accident that occurs on the job. But the benefits you receive from workers’ comp differ slightly from the typical personal injury case.

Can I get paid for my pain and suffering?

No, workers’ compensation does not award you payment for your pain and suffering. This is one big difference between workers’ comp and a personal injury claim. The benefits you receive under this system are very specific, and do not cover more subjective damages that can be hard to quantify.

What benefits am I entitled to?

The workers' comp benefits you receive are fairly standard across the country. They include payment for:

  • Medical treatment
  • Lost income
  • Permanent disability
  • Retraining costs
  • Death benefits for loved ones who have died on the job

Some workers’ compensation benefits, however, have a limit to them. Your replacement income, for example, is usually two-thirds of your usual wage. But even though your benefits are lower than your income, these benefits are not taxed – so the net result is often enough to hold you over until you recover.

And if you are injured on the job due to a third party’s actions, you could take workers’ comp benefits and file a personal injury claim against that third party – possibly securing payment for pain and suffering through a concurring personal injury suit.

The moment you are injured on the job, take action. While pain and suffering is not included, workers’ compensation benefits are usually the best option for injured workers.

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Johnston Law Offices, P.C.
420 South Buchanan Street
Edwardsville, IL 62025

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