No. Workers’ compensation is a form of insurance to provide income to workers who are unable to perform their jobs due to injury. While you can recover a portion of your paycheck through workers’ comp, you will generally not be paid any amount for your injury itself. In order to obtain additional funds for pain and suffering, victims will have to file a personal injury claim against their employers.

Recieveing Addional Workers' Compensation Pay

If you choose to pursue a case against your company, you should know that getting payment for pain and suffering relies on providing evidence of the severity of your injury. Here are a few ways to collect evidence of pain and suffering:

  • Type of injury. The largest contributing factor to pain and suffering is the nature of your injury and what you have lost as a result. If you have been paralyzed, permanently altered, or require lifelong medical treatment, you may be more likely to recover additional payment.
  • Medication needs. You should be able to provide records of any medications that you were prescribed during the course of your injury, such as pain relievers, anti-inflammatories, or blood thinners given after surgery. If your doctor has prescribed strong painkillers for a long period of time, it could help prove that you were in considerable pain throughout your recovery.
  • Recovery time. The longer your recovery period is expected to last, the greater your chances at receiving payment for pain and suffering. Again, you will have to have concrete medical evidence that your recovery will take longer than a typical injured worker, such as a doctor’s estimate of your recovery and a description of the limitations of your activities.

In order to receive pain and suffering payments, you must be able to prove that your employer or a coworker was guilty of negligence. Click the contact link at the top of this page to find out how we can help you investigate your claim, or download our FREE book, What the Injured Worker Needs to Know: Your Workers’ Comp Guide.


Manfred Ricciardelli
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Morristown Workers' Compensation Lawyer