Why Will I Not Receive Pain and Suffering for My on the Job Accident?

Injuries sustained at work can be extremely painful. You may not be able to work for some time and you may have to go to several doctor appointments before you can get relief. Furthermore, your pain may keep you from enjoying your life, and your family may have to take care of you while you recover.

In California, under personal injury law, you could be awarded damages for your medical bills, your lost wages, and your pain and suffering, which includes your loss of enjoyment of life. Moreover, your family members could be compensated for their losses related to you as well.

However, under workers’ comp law, injured workers are not eligible for pain and suffering damage awards, which can surprise some people. Workers are typically only awarded medical bills and lost wages.

Pain and suffering is a class of damages that encompasses many aspects of your life. For this reason, pain and suffering awards can be large in a personal injury suit. This class of damages includes the physical pain and discomfort stemming from your injury. It also includes negative emotions like anger, depression, and frustration. Additionally, loss of enjoyment of life—not being able to participate in activities you previously enjoyed—is part of this type of damage.

In a personal injury lawsuit, the injured person must prove that someone was negligent in his or her duties and that the negligence led to the accident.

In workers’ comp, there is no such requirement. Any time an injury is sustained on the job, the worker will get his or her medical bills paid and a portion of lost wages. Because a worker has to prove less under the law in order to get benefits, the law prohibits the worker from getting damages such as pain and suffering.

There are times when an injured worker can go outside the workers’ comp legal scheme and be eligible for other types of damages. Perhaps it could be argued that the accident did not occur on the job. Perhaps the employer’s serious and willful misconduct led to the accident. Perhaps another party besides the employer is actually at fault.

The helpful San Jose workers’ comp attorneys at Corsiglia McMahon & Allard, L.L.P. are always on the lookout to be sure that you are getting all the money and services you can receive under the California workers’ comp law and personal injury law. Our attorneys will be able to tell you if there is a possibility that you may be eligible to receive pain and suffering damages based on the individual facts of your case. Call (408) 289-1417 today to set up your first meeting with our firm. This meeting is at no cost you.