I hear this question all of the time, and I understand my clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.
If this sounds like your situation, you might be wondering if you can secure payments to cover your pain and suffering. Unfortunately, workers do not get payment for pain and suffering under the workers' compensation laws. The purpose behind the Workers' Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.
While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.