Worker’s compensation covers financial losses, including medical expenses, missed wages, and reduced earning capacity. However, it does not cover pain and suffering. Personal injury settlements may compensate for non-economic injuries like pain and suffering, loss of companionship, or lower quality of life.
How Is Pain and Suffering Defined?
Pain and suffering is the physical and emotional distress a person experiences after an injury. Pain and suffering includes not just the immediate pain of the injury but also the emotional and psychological after-effects. Unlike medical bills or lost wages that have clearly defined monetary values, pain and suffering is a subjective loss.
Here are some examples of pain and suffering after a workplace accident in Georgia:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Relationship problems related to the injury
- Fear of returning to work
- Physical pain from the injury and any treatment required to heal it
Anyone who has experienced any of these knows that pain and suffering are real. Workers’ comp will pay for treatment for accident-related anxiety, depression, PTSD, or chronic pain management. But without a physical injury, none of these conditions are covered by workers’ comp benefits.
What Benefits Does Workers’ Compensation Include?
Workers’ compensation is a type of insurance paid for by your employer. Workers’ compensation benefits cover the cost of medical treatments for job-related injuries and illnesses and partial wage replacement. In Georgia, employers with more than three workers must provide workers’ compensation insurance.
Typically, workers’ compensation benefits cover:
- Medical care – This benefit covers all necessary treatment for the injury or illness, such as surgery, hospital stays, medical equipment, physical therapy, and prescriptions.
- Temporary total disability (TTD) – Workers’ comp also covers a portion of lost wages for those unable to work while recovering from an injury or illness.
- Temporary partial disability (TPD) – If an employee cannot return to their regular job and must take a lower-paying one, TPD benefits will pay some of the difference between their pre-injury and post-injury wages.
- Permanent partial disability (PPD) – This benefit is paid to employees with a permanent impairment from their work-related injury or illness.
- Vocational rehabilitation – Training and resources are provided for workers who cannot return to their previous jobs but can still work.
- Survivor benefits – Eligible family members, such as spouses and dependent children, receive benefits for workers who suffer a fatal job-related injury or illness.
What Is the “Exclusive Remedy” in Georgia Workers’ Comp Law?
In Georgia, workers’ compensation insurance is an “exclusive remedy.” That means workers cannot sue their employers for workplace accidents in most cases. In return, workers receive benefits for a job-related injury regardless of fault. The exclusive remedy enables workers to get the benefits they need in a timely manner and protects employers from potentially costly lawsuits. However, it doesn’t mean you have no other options for pursuing compensation.
Are There Still Some Options for Recovering Pain and Suffering Damages?
Workers compensation does not directly compensate for pain and suffering. However, an employee may seek pain and suffering in some situations by filing a personal injury lawsuit.
Third-Party Liability Claims
In cases where a party other than the employer is at fault, the injured worker can pursue a third-party liability claim. This means that, outside of the workers’ compensation system, a worker may hold a third party accountable if their negligence played a role in causing the injury.
For instance, if someone suffers an injury due to a machinery malfunction, they might have grounds to file a lawsuit against the equipment’s manufacturer or distributor. This type of claim can help the victim recover compensation for their medical expenses, lost wages, and pain and suffering.
Intentional Acts of Harm
While most workplace injuries are accidental, there are unfortunate instances where harm is intentional. In such cases, the standard workers’ compensation might not be enough to address the gravity of the wrongdoing.
If a coworker or third party deliberately causes harm, the injured employee could pursue legal action outside workers’ compensation. This allows the victim to potentially secure more appropriate compensation for the pain, emotional trauma, and lasting impact the deliberate act may have caused.
Understanding the details of third-party claims and intentional harm cases requires sound knowledge of the appropriate laws and cases. Talk to a Georgia personal injury attorney familiar with these cases before trying to file a lawsuit yourself.
What Is the Georgia Statute of Limitations for Workers’ Compensation Claims?
In Georgia, injured workers generally have one year from the date of the injury to file a workers’ compensation claim. However, there are some exceptions to this rule. An experienced workers’ comp attorney can help ensure you meet any deadlines.
Contact a Georgia Workers’ Compensation Lawyer
You cannot get pain and suffering money from workers’ compensation insurance. However, you should have a skilled attorney review your case to see if you could file a personal injury lawsuit to pursue pain and suffering compensation. Each case is unique, and most people do not have the in-depth knowledge of Georgia laws to vigorously advocate for themselves.
If you have suffered a workplace-related injury or illness and have questions about pain and suffering, reach out to Sherrod & Bernard, P.C. Our award-winning law firm understands how important it is for you and your family to receive the benefits you need. We can explore additional avenues for compensation, including for your pain and suffering. Contact Sherrod & Bernard, P.C., today for your free, no-obligation consultation.
