Does Workers’ Comp Pay for Pain and Suffering in Illinois?

 Posted on October 24, 2024 in Workers' Compensation

If you are injured at work or become ill from work-related causes, your employer’s workers’ compensation insurance policy should pay your medical expenses, a portion of your lost wages, and other specific benefits if you qualify. While some injuries are minor and have no long-lasting effects, other accidents cause mental and emotional anguish, including pain and suffering.

Does workers’ comp cover your pain and suffering after a workplace accident? Do you have any other options for paying your damages? A trusted lawyer from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can explain your legal options and help you pursue the compensation you deserve.

What Is Pain and Suffering?

"Pain and suffering" is a legal term you have probably heard in conjunction with personal injury cases. It is an umbrella term that can refer to:

• Emotional pain: anxiety, depression, or fear
• Physical pain
• Psychological trauma: PTSD
• Diminished quality of life

Damages in legal cases are specific losses and the money you could receive to reimburse or compensate you for them. Pain and suffering are considered non-economic damages because they are difficult to quantify. In personal injury claims, case-specific factors determine your eligibility for pain and suffering and the amount you might collect:

• Your injury’s severity
• How long it might take you to recover
• How significantly your pain and suffering impacts your life

Generally speaking, the worse your accident and physical injuries affected you, the higher your non-economic damages may be.

Does Workers’ Comp Cover Pain and Suffering?

Workers’ compensation insurance covers only financial losses you may incur after your work-related injury or illness. It does not provide benefits for intangible losses, including pain and suffering. Workers’ comp benefits can help you pay your bills regardless of who was responsible for causing your accident or illness. However, you give up your right to file a personal injury claim against your employer in most cases when you accept these benefits.

Can You Get Pain and Suffering Compensation in Other Ways?

In some situations, you might be able to file a personal injury claim against your employer, such as:

• Your employer does not have workers’ comp insurance.
• Your employer was negligent, and that negligence directly caused your injury or illness.
• Your employer violated OSHA regulations.
• Your injury resulted from an intentional act.

There are also times when a third party might injure you while you are at work. Examples include:

• Car accidents that happen while you are performing job duties
• Injuries caused by other work crews at your construction site
• Delivery people who injure you at your workplace
• Unsafe or defective equipment

The best way to determine whether you can file a personal injury claim to recover damages for pain and suffering and other ways your accident diminished your quality of life is to call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. for your free consultation.

Call Our Dedicated Aurora, IL Workers’ Compensation Lawyers

Whether you need help filing a workers’ comp claim or fighting to receive full benefits, Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help. If you are eligible to file a personal injury claim, we can assist with that as well. Call us at 630-907-0909 to discuss your situation with our determined Kane County, IL personal injury attorneys.