[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/can-i-get-pain-and-suffering-in-workers-compensation\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/can-i-get-pain-and-suffering-in-workers-compensation\/","headline":"Can I Get Pain and Suffering From Workers\u2019 Compensation?","name":"Can I Get Pain and Suffering From Workers\u2019 Compensation?","description":"Worker\u2019s compensation covers financial losses, including medical expenses, missed wages, and reduced earning capacity. However, it does not cover pain and suffering. Personal injury settlements may compensate for non-economic injuries like pain and suffering, loss of companionship, or lower quality of life.\u00a0 How Is Pain and Suffering Defined?...","datePublished":"2023-10-17","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/10\/hurt-at-work.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/10\/hurt-at-work.jpg","height":627,"width":1200},"url":"https:\/\/www.sherrodandbernard.com\/blog\/can-i-get-pain-and-suffering-in-workers-compensation\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U","name":"What are workers' compensation benefits if I am hurt at work?","description":"The general rule is that you cannot sue your employer or a co-employee for personal injury. An injured worker is limited to collecting only workers' compensation benefits. What happens if a worker is hurt on the job by someone other than a co-employee or the employer? For example, what if an employee is required to drive as a part of this job? While on a work mission, the employee is hurt by random motorist running a red light. In that situation, the client would have two cases. \n\nFirst, there would be a personal injury case against the at fault driver for running a red light, but the worker would also have a workers compensation case since he was hurt while working for his employer. At Sherrod & Bernard, we handle workers' compensation and personal injury cases. Every injured worker who comes in our door, we look to see if they also have a personal injury case.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/default.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/maxresdefault.jpg"],"uploadDate":"2019-04-05T23:35:20+00:00","duration":"PT1M18S","embedUrl":"https:\/\/www.youtube.com\/embed\/X23toflfd6U","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w#Organization","url":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w","name":"Sherrod and Bernard","description":"When you are in a legal bind, you need an experienced attorney you can count on to provide you with skilled representation and sound legal counsel. Every lawyer under the sun will tell you that he or she is the right person for the job, but you need a firm backed with a successful track record. You need the firm of Sherrod & Bernard, serving the Douglasville area.\n\nAfter attending the University of Georgia together, attorneys John Sherrod and Ken Bernard founded the law firm of Sherrod & Bernard, P.C. in 1992. From the very beginning, the goal of our firm has been to provide each and every client with the quality personal service and skilled representation they deserve. You can count on our work ethic and our commitment to our clients.\n\nYou need a highly skilled attorney to successfully resolve your legal issues. One of our lawyers can help. Schedule a free consultation by calling our Douglasville office at 770-920-8350.","logo":{"url":"https:\/\/yt3.ggpht.com\/uK-5K9pyHHwlk4D1Wclej9JOOudzsipnxVRsoc1u0fyFTl1Ykw0P1mMXhCw6PbtfZAwzpbuF_A=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":465617}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":23}]},"about":["Workers' Compensation"],"wordCount":915,"articleBody":"Worker\u2019s compensation covers financial losses, including medical expenses, missed wages, and reduced earning capacity. However, it does not cover pain and suffering. Personal injury settlements may compensate for non-economic injuries like pain and suffering, loss of companionship, or lower quality of life.\u00a0How Is Pain and Suffering Defined?Pain and suffering is the physical and emotional distress a person experiences after an injury. Pain and suffering includes not just the immediate pain of the injury but also the emotional and psychological after-effects. Unlike medical bills or lost wages that have clearly defined monetary values, pain and suffering is a subjective loss.Here are some examples of pain and suffering after a workplace accident in Georgia:AnxietyDepressionPost-traumatic stress disorder (PTSD)Loss of enjoyment of lifeRelationship problems related to the injuryFear of returning to workPhysical pain from the injury and any treatment required to heal itAnyone who has experienced any of these knows that pain and suffering are real. Workers\u2019 comp will pay for treatment for accident-related anxiety, depression, PTSD, or chronic pain management. But without a physical injury, none of these conditions are covered by workers\u2019 comp benefits.What Benefits Does Workers\u2019 Compensation Include?Workers\u2019 compensation is a type of insurance paid for by your employer. Workers\u2019 compensation benefits cover the cost of medical treatments for job-related injuries and illnesses and partial wage replacement. In Georgia, employers with more than three workers must provide\u00a0workers\u2019 compensation insurance.Typically, workers\u2019 compensation benefits cover:Medical care \u2013\u00a0This benefit covers all necessary treatment for the injury or illness, such as surgery, hospital stays, medical equipment, physical therapy, and prescriptions.Temporary total disability (TTD) \u2013\u00a0Workers\u2019 comp also covers a portion of lost wages for those unable to work while recovering from an injury or illness.Temporary partial disability (TPD) \u2013\u00a0If an employee cannot return to their regular job and must take a lower-paying one, TPD benefits will pay some of the difference between their pre-injury and post-injury wages.Permanent partial disability (PPD) \u2013\u00a0This benefit is paid to employees with a permanent impairment from their work-related injury or illness.Vocational rehabilitation \u2013\u00a0Training and resources are provided for workers who cannot return to their previous jobs but can still work.Survivor benefits \u2013\u00a0Eligible family members, such as spouses and dependent children, receive benefits for workers who suffer a fatal job-related injury or illness.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tWhat Is the \u201cExclusive Remedy\u201d in Georgia Workers\u2019 Comp Law?In Georgia, workers\u2019 compensation insurance is an \u201cexclusive remedy.\u201d That means workers cannot sue their employers for workplace accidents in most cases. In return, workers receive benefits for a job-related injury regardless of fault. The exclusive remedy enables workers to get the benefits they need in a timely manner and protects employers from potentially costly lawsuits. However, it doesn\u2019t mean you have no other options for pursuing compensation.Are There Still Some Options for Recovering Pain and Suffering Damages?Workers compensation does not directly compensate for pain and suffering. However, an employee may seek pain and suffering in some situations by filing a personal injury lawsuit.Third-Party Liability ClaimsIn cases where a party other than the employer is at fault, the injured worker can pursue a third-party liability claim. This means that, outside of the workers\u2019 compensation system, a worker may hold a third party accountable if their negligence played a role in causing the injury.For instance, if someone suffers an injury due to a machinery malfunction, they might have grounds to file a lawsuit against the equipment\u2019s manufacturer or distributor. This type of claim can help the victim recover compensation for their medical expenses, lost wages, and pain and suffering.Intentional Acts of HarmWhile most workplace injuries are accidental, there are unfortunate instances where harm is intentional. In such cases, the standard workers\u2019 compensation might not be enough to address the gravity of the wrongdoing.If a coworker or third party deliberately causes harm, the injured employee could pursue legal action outside workers\u2019 compensation. This allows the victim to potentially secure more appropriate compensation for the pain, emotional trauma, and lasting impact the deliberate act may have caused.Understanding the details of third-party claims and intentional harm cases requires sound knowledge of the appropriate laws and cases. Talk to a Georgia personal injury attorney familiar with these cases before trying to file a lawsuit yourself.What Is the Georgia Statute of Limitations for Workers\u2019 Compensation Claims?In Georgia, injured workers generally have\u00a0one year from the date of the injury to file a workers\u2019 compensation claim. However, there are some exceptions to this rule. An experienced workers\u2019 comp attorney can help ensure you meet any deadlines.Contact a Georgia Workers\u2019 Compensation LawyerYou cannot get pain and suffering money from workers\u2019 compensation insurance. However, you should have a skilled attorney review your case to see if you could file a\u00a0personal injury lawsuit\u00a0to pursue pain and suffering compensation. Each case is unique, and most people do not have the in-depth knowledge of Georgia laws to vigorously advocate for themselves.If you have suffered a workplace-related injury or illness and have questions about pain and suffering, reach out to\u00a0Sherrod & Bernard, P.C. Our award-winning law firm understands how important it is for you and your family to receive the benefits you need. We can explore additional avenues for compensation, including for your pain and suffering. Contact Sherrod & Bernard, P.C., today for your free, no-obligation consultation.Visit Our Georgia Workers\u2019 Compensation Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can I Get Pain and Suffering From Workers\u2019 Compensation?","item":"https:\/\/www.sherrodandbernard.com\/blog\/can-i-get-pain-and-suffering-in-workers-compensation\/#breadcrumbitem"}]}]