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Can I Get Compensation For My Pain And Suffering

No.  Because workers’ compensation provides the “exclusive remedy” against employers, you can only recover workers’ compensation benefits from your employer and its insurance company.  These include weekly income benefits, permanent partial disability benefits, medical treatment, and, in some cases, rehabilitation benefits.  But these benefits do not include compensation for pain and suffering.

If someone other than your employer or a co-worker caused your on-the-job injury, you may have a basis for filing a civil lawsuit against that party.  And if you file such a lawsuit, you may be entitled to recover monetary damages for the pain and suffering and/or the emotional distress that you have experienced as a result of your on-the-job injury.

To view other Workers’ Compensation Questions and Answers, click on the “Q & A” Button.


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Seth Bader
(678) 562-5595