Can I Get Pain and Suffering With Workers’ Compensation?

Workers’ compensation covers several types of damages, but you cannot get pain and suffering with these benefits.

To recover damages for pain and suffering inflicted by your injury, you will have to file a claim or lawsuit against the individual or the company that caused your injury.

Workers’ Compensation Benefits Cover Lost Wages and Medical Expenses

As the South Carolina Workers’ Compensation Commission (WCC) explains, your workers’ compensation benefits may include the following:

• A weekly check: You are entitled to receive up to two-thirds of your paycheck until you resume your regular duties.
• Medical care: A doctor chosen by your employer will treat your injury and decide when you are well enough to go back to work.
• Travel expenses: If the chosen doctor or pharmacy is more than a 10-mile round trip from your house, you can seek reimbursement for the cost of gasoline.
• Disfigurement: A sufficiently prominent scar could entitle you to additional compensation.
  Death and disability benefits are also available, according to S.C. Ann § 42-1-110 and § 42-1-120.

You May be Able to Get Compensation for Pain and Suffering Through a Lawsuit

“Pain and suffering” refers to the physical and psychological stress your injury caused. Workers’ compensation does not cover pain and suffering. If you want this type of damages, you have to file an insurance claim or lawsuit against the negligent party. However, you cannot sue your employer in the state of South Carolina.

Through a personal injury claim or lawsuit, you can ask for both economic and non-economic damages, including:

• Disfigurement: You have painful or obvious scars from your accident injury.
• Disability: You will never fully recover from your injury.
• Reduced quality of life: You need help with some activities, such as getting dressed and undressed, or had to sacrifice other activities, like attending social gatherings.
• Loss of consortium: Your marriage suffered or ended because of your injury.
• Medical expenses: You needed therapy, medication, surgery, assistive devices (e.g., a cane), homecare, or any other kind of treatment.
• Other assorted expenses: You needed to hire a babysitter, a housekeeper, a landscaper, or anyone else to complete chores that your injuries or treatments prevented you from doing yourself.
• Loss of earning capacity: Your injuries prevent you from working full-time or from seeking higher-paying employment.
• Loss of employment: You can no longer work in your chosen field or at all because of your injuries.

Our Legal Team Can Help You Argue Why You Deserve Damages

Describing a non-economic damage like pain and suffering in financial terms is often difficult. What is the dollar value of physical pain or bad dreams caused by psychological trauma? Our legal team can help you work that out.

We can also seek evidence proving that the party you are suing is responsible for your pain and suffering. This evidence could include:

• Statements from witnesses
• Other materials from witnesses (e.g., photographs)
• Medical records
• Surveillance video

Such evidence may be useful in getting you the benefits and damages you need.

Legal Representation Can Protect Your Rights

After a workplace injury, you deserve the chance to recover in peace without the hassle of worrying about how to get compensation. Our law firm offers many legal services, including:

• Compassionate advice: We will always make ourselves available to address your concerns and guide you through the legal process.
• Administrative support: If you do not want to fill out a lot of forms, we can do it for you.
• Investigating skills: Our team will hunt down every piece of evidence available, from medical records to expert testimony.
• Negotiating skills: Instead of confronting the insurance company alone, let your lawyer fight for the damages you need and deserve.
• Courtroom expertise: You do not have to represent yourself in court if your case goes to trial. A lawyer from our team will make arguments on your behalf.

Legal representation is also more affordable than you may think. Our firm works for a contingency fee. In other words, we take a percentage of your compensation rather than demand payment upfront. If we cannot get compensation for you, you do not have to pay us.

Get a Free Consultation About Your Workers’ Compensation Case

At Hammack Law Firm, our clients always come first. As satisfied clients note in their Google reviews, we believe in “doing right by [our] clients” and “truly treat you like family.”

For a free case review, call us at (864) 326-3333(864) 326-3333. While you cannot get pain and suffering with workers’ compensation, we will work hard to fight for your compensation, no matter how you choose to pursue that money.