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Ghitterman, Ghitterman & Feld

Relentlessly Protecting California Workers' Rights Since 1956

How Come I Can’t Get Pain and Suffering Compensation?

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How Can I Get Pain and Suffering Compensation Benefits?

When employees are hurt at work, they usually experience pain, and they may suffer from their injuries. So, why is there no monetary compensation for pain and suffering in a workers’ compensation case?

The answer is simple:  Workers’ Compensation law has been set up to provide benefits to injured workers so that they may receive medical treatment and partial wage replacement while they are recovering from their injuries so that they may return to work. Injured workers receive further compensation when their ability to work has been permanently changed because of the injury, but it is still a system of limited benefits.

Monetary compensation for pain and suffering caused by an injury are considered “damages” in personal injury cases because someone has been found to have caused the injury and that person or entity is punished for it.

Workers’ compensation law was not set up to punish employers with damages when injuries occur at work. However, there are some circumstances when an injured worker may directly bring an action against the employer, but even then, the law does not provide for damages for pain and suffering brought on by an injury. Give us a call and we can explain what benefits you are entitled to under the Workers’ compensation system.

The post <strong>How Come I Can’t Get Pain and Suffering Compensation?</strong> appeared first on GGF.

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