Your injury hurts. It keeps you up at night, it changes how you play with your kids, and it may change what you can do for the rest of your life. It’s natural to expect compensation for that. Unfortunately, workers’ comp doesn’t pay for it. But that’s not always the end of the story. Philly Injury Lawyer looks at every work injury for another way to get you paid for what you’ve been through.
What Workers’ Comp Pays
- Medical treatment for the work injury
- Wage-loss benefits, usually about two-thirds of your average weekly wage
- Specific loss benefits for losing a body part or its use, or for losing sight or hearing
- Disfigurement benefits for serious, permanent scarring on the head, neck or face
- Death benefits for families when a worker is killed
What It Doesn’t Pay
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Your full lost wages
- Your spouse’s losses
That’s the trade-off in the workers’ comp system. You get benefits without proving anyone was at fault, but you give up the right to sue your employer for those losses.
How You Can Get Pain and Suffering
If someone other than your employer caused your injury, you may be able to bring a third-party claim against them. That lawsuit can pay for pain and suffering, your full lost wages and more, on top of your workers’ comp. Common examples:
- A driver who crashed into you while you were working
- A contractor or subcontractor on a construction site
- The maker of a defective machine or tool
- The owner of a property where you were sent to work
Read more in Workers’ Comp and Third-Party Injury Claims.
Find Out if You Have a Third-Party Claim
Call (215) 735-4800 for a free review. We Win or It’s Free®.
Frequently Asked Questions
Can I sue my employer for pain and suffering?
Generally no. Workers’ comp is the only remedy against your employer in most cases, even if your employer was careless.
Does a workers’ comp settlement include pain and suffering?
No. A comp settlement buys out your wage and sometimes medical benefits. Pain and suffering can only come from a third-party claim.
What are specific loss benefits?
They are extra weeks of pay for permanently losing a body part or its use, such as a hand, a finger or an eye, or for losing hearing. See the benefits chart.
Pennsylvania Law in Plain English
Pennsylvania’s Workers’ Compensation Act gives no-fault benefits in place of a lawsuit against your employer, and those benefits don’t include pain and suffering. The Act doesn’t protect other people or companies, so a separate injury claim against them can include those losses.
