Can You Get Pain and Suffering Compensation After a Work Injury in PA?
If you’ve been seriously hurt at work in Delaware County or Media, you might be wondering if you can get compensation for pain and suffering. After all, the emotional toll of a work injury can last long after the physical wounds begin to heal.
The short answer? Pennsylvania workers’ compensation does not cover pain and suffering — but in some cases, other legal options may be available.
What Does Workers’ Compensation Actually Cover?
Pennsylvania workers’ comp is a no-fault system that provides benefits like:
- Medical treatment
- Lost wage reimbursement
- Specific loss payments (e.g., for amputations or permanent vision loss)
But it does not include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Punitive damages
These non-economic losses are not part of a standard claim — even when your injury is severe. That’s why many injured workers are surprised by what’s not covered.
See how Pennsylvania workers’ compensation works
When Can You Seek Pain and Suffering Compensation?
To pursue pain and suffering damages, your case must involve a third party — someone other than your employer or a coworker — who caused or contributed to your injury.
This is handled separately through a personal injury lawsuit, not workers’ comp.
Common third-party injury scenarios:
- A commercial truck driver rear-ends you on the job
- You’re hurt by a defective tool or machine part
- A subcontractor on your job site creates unsafe conditions
In these cases, you may be eligible for additional compensation — including damages for pain and suffering, emotional distress, and future quality of life losses.
Learn more about third-party work injury claims
What Counts as Pain and Suffering?
These are the physical and emotional effects of your injury — not just the medical bills or lost wages. Examples include:
- Chronic pain
- Anxiety, PTSD, or depression
- Difficulty sleeping
- Social withdrawal or loss of intimacy
- Loss of enjoyment of hobbies or daily life
Because these damages are subjective, they must be documented carefully and proven through strong evidence.
Why You Need a Lawyer Who Knows Both Systems
A serious work injury can involve two overlapping legal claims:
- A workers’ comp case (for medical and wage benefits)
- A personal injury case (for pain and suffering, if a third party is involved)
Many firms focus on just one or the other. At Schmidt, Kirifides, Rassias & Rio, we handle both — and we know how to maximize recovery from every available angle.
Speak with a Delaware County injury attorney
Talk to a Delaware County Injury Lawyer Today
If you were hurt at work in Delaware County or Media, and someone outside your employer played a role, don’t assume workers’ compensation is your only option.
Let us help you determine if a third-party personal injury claim is possible — and whether pain and suffering compensation might apply in your case.
Call 610-892-9300 for a free, no-obligation consultation, or contact us online. We’re here to help you move forward.
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