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Does A Workers' Comp Award Include Pain and Suffering from a Workplace Incident?

A question our experienced Virginia worker’s compensation attorneys at Kalfus & Nachman often receive is whether a worker’s compensation recipient is also compensated for his or her pain and suffering as a result of a workplace injury in a Virginia worker’s compensation proceeding. After all, if you are involved in a motor vehicle accident caused by someone else’s negligence, that person is responsible for, and you are eligible to receive, compensation for the pain and suffering you endured as a result of that accident and your injuries from that accident. Worker’s compensation is different, however. It is a statutory remedy that exists to make people whole for the economic losses they have suffered as a result of a workplace injury. It is not intended to compensate someone for the non-economic damages they may have suffered, such as pain and suffering, as a result of an injury they suffered in the workplace.

What Does Workers' Compensation Pay For?

Workers' compensation is a remedy that provides compensation for your lost wages and the medical treatment that is necessitated as a result of an incident in which you are injured in the workplace. It is meant to make you whole for your economic losses as a result of a workplace incident in which you were injured. This means that, in contrast to a personal injury lawsuit in which your non-economic damages are compensable, a worker’s compensation proceeding does not include any monetary damages for pain and suffering and other non-economic damages for purposes of the award that is made. The worker’s compensation judge who ultimately makes an award in your case will not be looking at your non-economic damages such as pain and suffering and the mental anguish you experienced as a result of your workplace injury.

Does My Pain, As a Result of a Workplace Injury, Count for Anything in Workers' Compensation Proceedings?

The pain that you are experiencing as a result of the workplace incident in which you were injured can nevertheless still come into play in your Virginia worker’s compensation proceedings. It can be indicative of the seriousness of your injuries, for example. Therefore, a physician who is treating you often will ask you to rate your pain on a scale of one to ten, which has a meaning when it comes to a physician who is providing treatment to you. If you are still experiencing excruciating pain every time that you use an arm that was injured in a workplace incident despite being on strong painkillers and having gone through a period of physical therapy or rehabilitation, the course of your treatment will be more serious and complicated than someone who is not experiencing a similar level. Any award for lost wages also often will be greater for you than someone who is not experiencing this level of pain given that someone in this level of pain likely is likely more severely injured than another claimant who may be experiencing a lesser amount of pain. Thus, the pain that you are experiencing as a result of your injuries from a workplace injury absolutely do count for something in a worker’s compensation proceeding, even if you are not directly compensated for your pain and suffering as a result of the injuries you suffered in a workplace incident.

Contact the Experienced Virginia Workers' Compensation Attorneys at Kalfus & Nachman

If you have suffered a workplace injury in Virginia, then worker’s compensation coverage exists to compensate you for the damages that you suffer as a result of those injuries. Our experienced Virginia worker’s compensation attorneys know how to ensure that the pain you are experiencing as a result of your injuries from a workplace incident are taken into account by both your treating physician as well as the worker’s compensation judge who will make a finding as to what your compensable future medical treatment and lost wages are as a result of a workplace incident.

If you have been injured in a workplace incident in Virginia, please contact Kalfus & Nachman today at (855) 880-8163 or through the form on this page to schedule a free consultation.

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