Pain and Suffering in Workers’ Comp: 3 Benefits That Actually Pay
If you were hurt on the job, you may be wondering whether you can recover money for pain and suffering in workers’ comp the way you could in a car accident lawsuit. The honest answer is no — Georgia workers’ compensation is a no-fault system, and pain and suffering is not one of the benefits it pays. But that does not mean you are left with nothing. As an Atlanta work injury lawyer, I have spent years showing clients how to maximize the benefits Georgia law actually allows, and in this article I will walk through exactly what those benefits are and how to get the most out of them.
Why Pain and Suffering in Workers’ Comp Isn’t Paid Directly
Workers’ compensation is a trade-off. In exchange for guaranteed medical care and wage replacement regardless of fault, injured workers give up the right to sue their employer for pain and suffering, emotional distress, or other non-economic damages. This is true in Georgia and in nearly every state. The Georgia State Board of Workers’ Compensation oversees this system and confirms that only specific categories of benefits are payable under state law, which is why pain and suffering in workers’ comp is not one of them.
That said, three benefit categories can be maximized to make sure you are not shortchanged, even though none of them are technically labeled “pain and suffering.”
The Three Benefits That Can Be Maximized
- Medical Benefits — This includes payment for doctor appointments, medications, physical therapy, x-rays and MRIs, durable medical equipment such as wheelchairs, and surgeries.
- Income Benefits — If your authorized treating physician says you cannot work at all, or that you can only work light duty and your employer cannot accommodate your restrictions, you are entitled to two-thirds of your average weekly wage. Learn more about how lost wage benefits are calculated.
- Impairment Rating (Permanent Disability) — This is a disability rating assigned by your authorized treating physician once you reach maximum medical improvement. It is essentially a formula used to convert permanent loss of use of a body part into a dollar figure. While this is not pain and suffering, it is the closest thing Georgia law provides. Read more about permanent disability ratings.
How to Make Sure You Aren’t Shortchanged
Because pain and suffering in workers’ comp cases isn’t a line item, insurance adjusters have every incentive to minimize the three benefits above instead. That’s where an experienced advocate matters most: making sure your impairment rating is accurate, your wage calculation is correct, and every medical bill related to your injury is covered. If your claim has been denied or your benefits delayed, don’t wait to get help.
“Even though Georgia law doesn’t pay pain and suffering directly, a properly built workers’ comp claim — medical, income, and impairment benefits maximized — is the closest thing to full compensation the system allows.”
Rick J. DeMedeiros, Esq.
Understanding pain and suffering in workers’ comp claims before you settle can make a real difference in your final recovery. So, call for a free consultation. Even if you don’t hire our firm, we want to make sure you’re informed about what you’re entitled to. Don’t let the insurance company push you around — reach out today.
About the Author
Rick J. DeMedeiros, Esq. is the founder of DeMedeiros Injury Law and has represented injured workers throughout Georgia for over two decades.
Rick focuses exclusively on workers’ compensation and personal injury claims, and has helped thousands of clients maximize the medical, wage, and impairment benefits available under Georgia law. Legally reviewed by Rick J. DeMedeiros, Esq.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every workers’ compensation case is different — contact our office for a free consultation about your specific situation.