Workers’ compensation in Pennsylvania operates under a no-fault system. This means injured workers can get benefits regardless of fault. These benefits typically cover medical expenses, lost wages and vocational rehabilitation if necessary.
However, when it comes to pain and suffering, the landscape is different. Pennsylvania does not allow awards specifically for pain and suffering in workers’ compensation cases. Workers may still be able to get compensation for pain and suffering in third-party personal injury cases.
Third-party liability cases
Sometimes, a third party, such as a negligent driver or a defective product manufacturer, contributes to workplace injuries. In these cases, an injured employee could pursue a separate legal claim against that party.
Third-party liability cases allow injured workers to seek damages beyond what is available through workers’ compensation. These damages may include compensation for pain and suffering, emotional distress and other noneconomic losses that workers’ compensation benefits do not cover.
Pain and suffering
Pain and suffering refers to the physical and emotional distress a person experiences due to an accident or injury caused by another party’s negligence or intentional actions. Pain and suffering can include physical pain, mental anguish, emotional distress, loss of enjoyment of life and other noneconomic damages. They are not easy to quantify in monetary terms.
The process and the amount awarded can vary depending on the specifics of the case, including the severity of the injuries and the impact on the plaintiff’s life.
Understanding these nuances can help injured employees navigate the complexities of their claims and get the support they need.
Contact YOUR Workers’ Compensation lawyers for a free, no-obligation consultation to learn how we can help you. Call 610-601-5399 for English or Spanish, or reach us online.