The North Carolina workers’ compensation system does not pay for pain and suffering. Workers’ comp covers the cost of medical care, offsets a significant portion of the injured employee’s lost income, and provides other benefits. However, injured workers cannot seek non-economic damages like pain and suffering through the workers’ compensation system.
Pain and suffering refer to the physical pain and emotional suffering a victim experiences because of their injury. It can make up a significant portion of the damages awarded in personal injury cases, which is why many workers wonder if they can also seek these damages in their workers’ comp claims.
Some injured workers may be able to seek compensation for their pain and suffering through a separate personal injury lawsuit against a non-employer third party who was at fault for the workplace accident.
Why Is Pain and Suffering Not Covered?
North Carolina’s workers’ compensation system does not cover pain and suffering because of a trade-off that forms the basis of the workers’ comp system. Workers’ compensation provides relatively easy access to certain benefits, but in exchange, those benefits are limited.
Through the no-fault system, injured workers receive access to medical expenses, partial replacement of lost wages, disability benefits, and vocational rehabilitation benefits without having to prove their employer is to blame for their injuries. In exchange for providing this no-fault coverage for their employees, employers and their insurers are protected from liability for the full range of damages that could be awarded in a traditional personal injury case.
Personal injury lawsuits allow injury victims to seek compensation for losses not covered by workers’ comp, including pain and suffering, emotional distress, and loss of consortium – provided, that is, that the injured party can prove that someone else is legally responsible for their injuries. However, these cases can take months or years to litigate, delaying the compensation victims need for their medical bills and lost wages.
The workers’ compensation system may not be perfect, but it’s designed to make it as easy as possible for workers to recover from their injuries, continue to pay their bills, and eventually return to work.
Are There Any Alternatives for Seeking Pain and Suffering Damages?
Most employees in the state are covered by workers’ compensation, barring them from suing their employers for on-the-job injuries. However, if you are an independent contractor, you may not be covered by workers’ comp, allowing you to file a personal injury lawsuit and seek pain and suffering damages.
Additionally, if your work-related injury resulted from a non-employer third party’s negligence, you can file a third-party personal injury claim against that person or entity.
Examples of third-party injury cases include:
- A delivery driver who is struck by a negligent motorist
- A manufacturing employee injured by defective machinery
- A construction worker injured by a contractor’s negligence
Depending on the circumstances, you may have grounds for both a workers’ comp claim and a third-party personal injury claim. Our experienced workplace injury attorneys can identify third parties that could be liable for your injuries and explain how a third-party lawsuit could supplement the benefits from your workers’ comp claim.
Contact Kornbluth Ginsberg for Help with Your Workplace Injury Claim
If you suffered an on-the-job injury in a workplace accident in North Carolina, contact Kornbluth Ginsberg Law Group, P.A., now for a free consultation with an experienced workers’ comp attorney. Our law firm has extensive experience handling workers’ compensation claims, including recovering $400,000 in workers’ compensation benefits for one injured worker. We treat our clients how we would want to be treated, and providing comprehensive legal support for your case is one way we do that.
