Does Workers’ Comp Pay for Pain and Suffering in North Carolina?
If you’ve been injured on the job, you may be entitled to workers’ compensation benefits. Many of our clients ask us if pain and suffering is considered as part of workers’ compensation damages. The short answer is that workers’ compensation will not pay you for your pain and suffering.
Unlike other personal injury claims like car accidents, pain and suffering is not included as part of your recovery for workers’ compensation. Generally, workers’ compensation covers your medical expenses and lost wages. Depending on the severity of the injury, a worker may also be able to recover total or partial disability, which can either be temporary or permanent.
Although North Carolina workers’ compensation law does not allow you to recover for pain and suffering, having an experienced workers’ comp attorney on your side can help ensure that you obtain maximum compensation for your injures.
For a FREE consultation with an experienced North Carolina workers’ compensation lawyer, please call 1-800-525-7111.
There is no obligation and you won’t pay any attorney fees unless we get you the workers’ comp benefits you need and deserve.
Call 1-800-525-7111 today and let’s review your claim. You may be entitled to workers’ compensation and we would love to help you if we can.
Types of Workers’ Compensation Recovery
Workers’ Comp for Medical Expenses
As mentioned above, workers’ compensation covers your medical expenses for your on-the-job injury. This means that your employer or their insurance company will pay for all of your medical expenses including copays and deductibles. You may also be entitled to future medical expenses if your injury requires long-term or lifetime care. Medical expenses can also include rehabilitation or physical therapy treatment.
Workers’ Comp for Disability, Lost Wages, and Lost Earning Capacity
Disability is another form of recovery for workers’ compensation claims. In order to obtain disability after a work-related injury, the claimant must have sustained a debilitating injury resulting in wage loss. Generally lost wages are based on the worker’s weekly wages. The amount of compensation for lost wages depends on multiple factors such as severity of the injury, how long the injury prevents you from working, and inability to work in the future.
For instance, if your injury is permanent, then you may be entitled to benefits for future medical expenses and lost wages. This type of wage loss is called “lost earning capacity.”
Other Potential Workers’ Compensation Benefits
In some cases, your attorney may be able to help you obtain additional compensation after a work accident. Death benefits are awarded to family members after they’ve lost a loved one from a work-related accident. These benefits aim to help families out financially and can also include compensation for funeral expenses.
Unfortunately, our firm has seen many employers and insurance carriers deny or delay workers’ compensation death benefits, which is why we recommend speaking with an attorney right away. At Riddle and Brantley, we have handled and won many workers’ compensation death benefit cases (see disclaimer below).
Training and Education
Another form of workers’ comp benefits might be training for a new job or career. Unfortunately, in certain cases, an individual sustains life-altering or debilitating injuries, and it is no longer feasible for them to hold the same job. If you are unable to return to your former job due to your injuries, workers’ compensation might also cover vocational training or additional education for another job.
“Is it possible to recover for pain and suffering from a work-related accident?”
If you were injured on the job, but the injury occurred due to the negligence of a third party — not your employer — then you may be entitled to pain and suffering. In order to recover for pain and suffering you must bring a separate negligence claim against the third party who caused the accident. It is important to note that you will not recover pain and suffering from workers’ compensation benefits. Instead, they will be considered for the additional negligence claim.
North Carolina Workers’ Comp Attorneys with a History of Success
Filing a workers’ compensation claim can be time-consuming and difficult. Furthermore, attempting to appeal a denial is often challenging without an attorney.
Our dedicated workers’ compensation team understands how stressful this process can be. We have the experience to help you navigate the process and the experience to help you win your claim.
Our workers’ compensation team is led by two Board-Certified Workers’ Compensation Specialists, attorneys Chris Brantley and Adam Smith.
Recent case results include (see disclaimer below):
- $2.475 Million Settlement – We represented a construction worker who sustained a devastating head injury when he fell from a platform. Soon after the accident, our client’s family was informed that their loved one had sustained a skull fracture and significant brain trauma. Through various mediations, attorneys Adam Smith and Gene Riddle obtain a $2,475,000 settlement which paid for all medical bills and weekly lost wages.
- $1.8 Million Settlement – While driving a truck for his employer, our client was hit head-on by a negligent driver. The injuries ultimately resulted in our client losing his leg. Our workers’ compensation team fought to have workers’ compensation pay all of our client’s medical bills, which were about $350,000. Additionally, workers’ compensation paid $55,000 over the medical bills and waived the lien against the third-party claim in a settlement totaling $1,800,000.
Have You Been Injured at Work?
The consultation is free and you won’t pay any attorney fees unless we win your case and you receive workers’ comp.
Call 1-800-525-7111 today and let our Board-Certified Specialists in Workers’ Compensation evaluate your claim and advise you on your best options for seeking benefits.
North Carolinians injured on the job deserve justice and we would love to help you if we can.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.