- Pain and Suffering: What PA Workers’ Comp Does (and Doesn’t) Cover After a serious work injury, you’re likely experiencing physical pain, emotional distress, and a reduced quality of life. You may be wondering if the Pennsylvania workers’ compensation system will provide compensation for “pain and suffering.” This video will clarify a key distinction in the law that is crucial for injured workers to understand.
- Workers’ Comp is a “No-Fault” System: We’ll explain that the Pennsylvania workers’ compensation system is designed to be a “no-fault” system. It provides a quick and efficient way for injured workers to receive benefits for lost wages and medical care, regardless of who was at fault for the accident.
- No Pain and Suffering: In exchange for this no-fault system, the law prohibits compensation for “non-economic” damages like pain and suffering, emotional distress, or loss of enjoyment of life. The benefits are limited to:
- Wage loss benefits (for lost income).
- Medical benefits (for treatment costs).
- Specific Loss benefits (for the loss or loss of use of a body part).
- A Third-Party Exception: We’ll introduce a critical exception. If your work injury was caused by the negligence of a third party—someone other than your employer or a co-worker—you may be able to file a separate personal injury lawsuit. This is where you can seek compensation for pain and suffering in addition to your workers’ compensation benefits.
- Consulting a Lawyer: We’ll strongly advise consulting with a Pennsylvania workers’ compensation lawyer to determine if your case has a potential third-party claim. A lawyer can help you navigate both legal avenues to maximize your compensation.
This video is for any injured worker in Pennsylvania who is wondering about compensation for pain and suffering and wants to explore all of their legal options.