If you are injured on the job, you may ask, “Will workers’ comp pay for pain and suffering?” Workers’ compensation insurance in North Carolina does not provide compensation to injured workers for pain and suffering. However, workers’ compensation does provide benefits for economic losses related to your work injury, such as medical treatment and a portion of your lost wages. If you have been injured on the job, an experienced workers’ compensation lawyer can help you understand the benefits available to you under North Carolina law.
Typical Workers’ Compensation Coverage in North Carolina
The North Carolina Industrial Commission administers the Workers’ Compensation system. An experienced workers’ compensation lawyer can review your workplace injury and advise you whether you are entitled to claim the following workers’ comp benefits:
- Medical coverage – As an employee, you may be eligible for coverage of necessary medical treatment related to your work injury or condition, including money for hospital bills, prescriptions, and any medical equipment you may need.
- Lost wages – Workers’ comp may provide weekly payments to cover two-thirds of your weekly wages while your work-related injuries prevent you from working. However, no compensation will be paid for the first seven days you miss work unless your disability exceeds twenty-one days. If you miss less than twenty-one days, you can receive compensation for your missed days beginning on day eight of your absence from work. Lost wage benefits include temporary total disability (TTD) and temporary partial disability (TPD). TPD benefits pay two-thirds of the difference between your pre-injury wages and current wages. TTD benefits may be paid for up to 500 weeks. However, if your disability continues beyond that, you may apply to have that period extended.
- Vocational rehabilitation – If you have not returned to work or you are earning less than 75% of your average weekly wage and receiving benefits, you can request vocational rehabilitation services (retraining at a North Carolina community college or university) as long as it is reasonably likely to increase your wage-earning capacity.
- Death benefits – If your family member died due to the injuries they suffered on the job, you can receive death benefits as the spouse or a dependent in the amount of two-thirds of the worker’s average weekly wage for a specified amount of time. The death benefits also include money for the decedent’s funeral and burial expenses up to $10,000.
What Is Pain and Suffering?
Workers’ compensation insurance does not provide benefits for pain and suffering.
Pain and suffering is a type of compensation that may be sought when filing a personal injury lawsuit. In addition to physical pain, pain and suffering covers:
- Anxiety
- Loss of enjoyment of life
- Physical disfigurement
- Emotional distress
- Depression
- Post-traumatic stress disorder
A personal injury lawsuit is a separate legal matter from filing a workers’ compensation claim.
Injured workers who are eligible for workers’ compensation benefits in North Carolina are generally prohibited from filing a personal injury lawsuit. Lawsuits are allowed only in special cases in which someone other than the employer was at fault for the accident.
For example, if a piece of defective industrial machinery injures a worker, the worker may bring a personal injury lawsuit against the manufacturer of the machinery, seeking compensation for various losses, including pain and suffering.
Differences Between North Carolina Workers’ Comp and Personal Injury Claims
It’s important to understand the difference between workers’ comp claims and personal injury claims.
Workers’ Compensation
In North Carolina, nearly all employers are required to carry workers’ compensation insurance to protect workers. If an employee is injured on the job, workers’ comp is available to provide medical benefits and replacement of lost wages. An injured worker is entitled to workers’ compensation benefits without having to prove anyone was negligent in the accident. Worker’s compensation is intended as the exclusive remedy.
Although workers’ comp does not cover pain and suffering related to the accident, it does cover medical expenses, including treatment and prescriptions, lost wages, temporary disability benefits, and even permanent disability benefits if you are permanently unable to return to work.
Personal Injury
Personal injury claims differ from workers’ comp claims because you have to prove that someone else was at fault to receive compensation.
In a personal injury claim, you can recover economic and non-economic losses related to your accident. Examples of economic losses include medical expenses and lost income. Non-economic losses include pain and suffering, and diminished quality of life. If you are entitled to file a personal injury lawsuit, your attorney can place a value on your emotional distress, pain and suffering, and loss of enjoyment of life.
When Can Employees File a Personal Injury Claim for Pain and Suffering?
You can file a personal injury lawsuit if a third party (not your employer) caused your workplace injury. For example, if you are injured when a piece of equipment malfunctions, you may have a cause of action against the product manufacturer. If a vehicle driven by a vendor on a construction site hits you, your attorney may advise you to file a personal injury lawsuit against that vendor’s company.
Call Our Experienced Workers’ Compensation Attorneys for Help
For more than 24 years, the workers’ compensation attorneys at Younce, Vtipil, Baznik & Banks, P.A. have served the residents of North Carolina. When you retain a lawyer from our firm, you will receive the compassionate care and personal attention that you need to move forward. We have fluent English and Spanish-speaking staff members who can assist you.
We do not have multi-million dollar verdicts, but our results demonstrate our experience handling workers’ compensation and personal injury cases. Ken Wilhem enjoyed working with our firm, specifically Mr. Vtipl: “Had a great experience working with David Vtipl and would highly recommend this law firm to anyone in need of legal representation.” Click on our case results to see what other former clients have to say about our legal services.
We are pleased to offer free case evaluations. Please contact us at 919-661-9000 to get started with your case.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
