Blog/FAQs

Does Workers’ Comp Pay for Pain and Suffering?

does workers comp pay for pain and sufferingWorkers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits. But does workers’ comp pay for pain and suffering?

Here’s what you need to know.

Employers must provide coverage for their employees.

To be eligible for workers’ compensation benefits in Maryland, you must suffer injuries while working in the state. If your injuries occurred while working in another state, you may still be eligible for benefits if:

  • Hiring occurred in Maryland
  • Your employer is Maryland-based
  • You were injured while working for a Maryland company in another state

If you are eligible for workers’ compensation benefits, you will generally be covered for all medical expenses related to your injury, as well as a portion of your lost wages. In some cases, you may also be eligible for additional benefits, such as vocational rehabilitation or death benefits.

Workers’ compensation does not cover pain and suffering. Workers’ compensation is a no-fault system, which means that employees cannot sue their employers for negligence. Instead, workers’ compensation provides benefits to employees who are injured while on the job, regardless of who is at fault. These benefits include medical expenses and lost wages.

Are There Exceptions?

There are a few exceptions, however, where an employee may be able to recover damages for pain and suffering.

One exception occurs when the employer is grossly negligent. Gross negligence means there was a wanton or reckless disregard for the safety of others. If an employer was grossly negligent, an employee may be able to sue for pain and suffering.

Another exception occurs when your employer violates a safety regulation. Safety regulations exist to protect employees from injuries. If an employer violates one of these regulations, an employee may be able to sue for pain and suffering.

The last exception occurs when your employer intentionally causes you harm. This is a very difficult standard to meet. However, if an employer has intentionally harmed an employee, the employee may be able to sue for pain and suffering.

If your injuries occurred at work, it is important to contact a workers’ compensation attorney as soon as possible to discuss your rights and options. An experienced attorney can help you navigate the workers’ compensation system and ensure that you receive any potential benefits.

How Do I Know What to Do Next?

If you’ve been injured at work, you may be wondering whether you should file a civil lawsuit in addition to your workers’ compensation claim. The answer depends on several factors. These include the severity of your injuries, the negligence of your employer, and the state in which you live.

In general, workers’ compensation is the exclusive remedy for workplace injuries. This means that you cannot sue your employer for negligence in most cases. However, there are some exceptions to this rule.

If your employer intentionally harmed you or you suffered injuries caused by a defective product, you may be able to file a civil lawsuit. You may also be able to sue if your employer failed to provide a safe working environment or if someone other than your employer (a co-worker or third party) caused your injuries.

How Do You Know If Workers’ Comp Pays for Pain and Suffering in Your Case?

State laws vary, so it’s important to consult with an experienced workers’ compensation attorney to determine whether you have a valid civil lawsuit. An attorney can also help you determine the best course of action for your particular situation. They’ll also determine whether or not your case is an exception where workers’ comp will pay for pain and suffering.

To learn more or to discuss your situation with an attorney, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.

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