As workers’ compensation practitioners we are often asked what benefits an injured worker is entitled to, and is there an award for pain and suffering. Answered simply, if you are injured at work you are entitled to have your medical treatment covered and to be paid for your lost wages as you miss time from work due to the injury. However, there is no award for pain and suffering like you could recover in a personal injury claim.
The reason for this began back in 1913 when the workers’ compensation system was born. Prior to the creation of the workers’ compensation system, the only way to recover for a workplace injury was to bring a personal injury claim against your employer. That required the injured worker to have to prove the accident was the employer’s fault. This was often difficult to prove, and even if you were able to prove the employer's fault, you typically would have to wait until the case was resolved by way of settlement or trial. That could take several years to recover any compensation which included an award for pain and suffering.
The workers’ compensation system has been referred to as the “Grand Bargain.” The tradeoff was that under the workers’ compensation system the injured worker was not required to prove the employer was at fault, only having to prove they were injured during the course and scope of their employment. Additionally, lost wage and medical benefits would be paid immediately, instead of waiting until the case was resolved. However, the tradeoff was that there is no award for pain and suffering, thus the bargain.
Injured workers may be entitled to additional benefits beyond the medical treatment and lost wages.. If you have been injured at work and wish to discuss your case with one of our experienced workers’ compensation attorneys, please contact us to set up a free consultation.
