Can I Get Workers’ Comp for Pain and Suffering in South Carolina?
Understand when you might be eligible for compensation for pain and suffering after a work injury and why it typically doesn’t apply
When you’re injured at work in Columbia, workers’ compensation can help cover the costs of medical care and lost wages, but it doesn’t compensate for pain and suffering. This can leave injured workers wondering if they have any options to recover compensation for the emotional and physical distress caused by their injuries.
Typically, compensation for pain and suffering is associated with a personal injury claim, but in some cases, you may be able to file a workers’ comp claim and a personal injury claim if a third party was responsible for your injury.
This article will delve into the finer details and explain why workers’ comp doesn’t cover pain and suffering and how a personal injury lawsuit in South Carolina could help you recover additional compensation.
What is pain and suffering?
In the context of compensation, pain and suffering typically refers to the physical pain and emotional distress experienced as a result of an injury. It goes beyond direct financial losses, such as medical expenses or lost wages, and compensates victims for the subjective, non-economic consequences of their injury.
There are 2 main components of pain and suffering:
- Physical pain and suffering. This includes the actual physical pain and discomfort that a person experiences due to their injury. It accounts for both the immediate pain after the accident and any ongoing or future pain the person might endure as a result of the injury.
- Emotional or mental suffering. This covers the emotional and psychological impact of the injury. It may include anxiety, depression, stress, loss of enjoyment of life, trauma, and the inability to engage in activities that the person once enjoyed.
Pain and suffering is a type of non-economic damage, which makes it harder to quantify than economic losses, such as medical bills. Courts or insurance companies usually calculate pain and suffering by considering factors like the severity of the injury, the duration of recovery, and the impact on the person’s daily life.
Does workers’ comp pay for pain and suffering in South Carolina?
Workers’ comp is designed to cover economic damages resulting from a work-related injury, so it does not provide compensation for pain and suffering. Instead, workers’ comp focuses on financial support for specific losses caused by the injury.
Here’s a breakdown of the typical benefits offered under workers’ compensation:
- Medical benefits. Coverage for medical treatment related to the injury, including hospital stays, surgeries, doctor visits, medications, and rehabilitation.
- Lost wages. Compensation for a portion of lost income when a worker can’t work or can only work in a reduced capacity during their recovery, typically two-thirds of their average weekly wage.
- Vocational rehabilitation benefits. Services to help injured employees return to work, including job retraining and education.
- Mileage reimbursement. Compensation for travel expenses incurred while seeking medical treatment for the work-related injury.
- Death benefits. Compensation for dependents of workers who die as a result of a work-related injury.
While these benefits are crucial in helping injured employees recover financially, they are limited to specific, measurable monetary losses.
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Why doesn’t workers’ comp cover pain and suffering?
Workers’ compensation doesn’t cover pain and suffering because it is designed as a no-fault system that focuses on providing economic relief for injured workers. The primary goal of workers’ compensation is to quickly provide medical care, wage replacement, and support for job retraining or rehabilitation for employees who are injured on the job without the need to prove employer negligence.
Here are the key reasons why workers’ compensation excludes pain and suffering:
- Trade-off for no-fault system. Workers’ comp is a compromise between employers and employees. In exchange for providing guaranteed benefits (such as medical expenses and wage replacement), employers are protected from personal injury lawsuits where employees might seek non-economic damages like pain and suffering. This system allows workers to receive benefits quickly without needing to prove fault, but it limits the types of compensation they can claim.
- Streamlined process. By excluding pain and suffering from compensation, the workers’ comp system remains more straightforward and efficient. This minimizes legal disputes and ensures that injured workers can get necessary medical care and wage benefits as quickly as possible.
Ultimately, this no-fault system benefits both workers and employers by reducing the time, cost, and uncertainty involved in legal battles.
Workers can access critical medical care and wage replacement without delays, while employers avoid the risk of costly personal injury lawsuits. Though the trade-off means workers won’t receive compensation for pain and suffering, they gain the assurance of prompt benefits to support their recovery and return to work.
Can I get compensation for pain and suffering at work if my injury was caused by a third party?
Yes, you may be able to receive compensation for pain and suffering if your work-related injury was caused by a third party. If a third party—someone other than your employer or a co-worker—was responsible for your injury (e.g., a negligent driver), you may have the option to file a personal injury lawsuit against them in addition to collecting workers’ comp benefits from your employer. In this case, you would need to prove that the third party was responsible for causing your injury and any resulting damages.
Unlike workers’ comp, a personal injury lawsuit can include compensation for non-economic damages such as pain and suffering, emotional distress, or loss of enjoyment of life.
Some scenarios where you could file for workers’ comp and a personal injury claim include:
- Car accidents. If you’re a delivery driver or utility worker injured in a work-related car accident, you can file for workers’ comp and potentially sue the at-fault driver for pain and suffering.
- Defective products. If you’re a factory worker hurt by malfunctioning equipment at work, you could receive workers’ comp and also sue the product manufacturer for additional damages.
- Negligent contractors. If you’re a construction worker and a contractor on your job site causes an accident that injures you, you may have grounds for both a workers’ comp claim and a lawsuit against the contractor.
Because of the complexity of these cases, consulting with a local Columbia attorney who can handle both workers’ comp and personal injury claims is critical for maximizing your compensation.
How can third-party lawsuits impact workers’ comp benefits?
Filing both a workers’ comp claim and a personal injury lawsuit can increase the total compensation you receive, but under the law, you can’t “double dip”—meaning you can’t be compensated twice for the same damages through a workers’ comp claim and a personal injury lawsuit.
So, if you win or settle a third-party claim, your employer or the workers’ comp insurer may have the right to seek reimbursement for any benefits they already paid, such as medical bills or lost wages. The upside is that personal injury claims often offer additional compensation, including pain and suffering, which workers’ comp doesn’t cover, so it may still be worthwhile to explore your legal options.
Contact an experienced Columbia workers’ compensation attorney for help with your claim
At Smith, Born, Leventis, Taylor & Vega, we understand how overwhelming a work-related injury can be, especially when workers’ compensation doesn’t cover the full scope of your suffering. Our experienced Columbia work injury attorneys specialize in both workers’ comp and personal injury claims, so we can guide you through the process and explore every avenue to ensure you get the compensation you deserve.
Whether you’re filing a workers’ comp claim or pursuing a personal injury lawsuit for additional damages like pain and suffering, we’re committed to fighting for your rights.
