Content reviewed by:
Alex Shulman
Workers’ compensation aims to ensure injured workers receive necessary medical care and financial support until they can return to work. However, workers’ comp does not pay for pain and suffering damages, which are only available through a fault-based personal injury claim. Injured employees typically cannot sue employers covered by workers’ comp.
Despite these obstacles, our experienced New York City workers’ compensation lawyers understand the pain and suffering a serious workplace injury can cause. We can help you explore other options for pursuing pain and suffering damages when you are injured at work. Contact us online or call (212) 221-1000 to schedule a free case review.
Key Takeaways
- Workers’ compensation provides partial wage replacement and medical care but does not pay for pain and suffering.
- Injured workers exchange the right to pursue pain and suffering damages for a streamlined means of receiving workers’ compensation benefits without the burden of proving the employer was at fault.
- You normally cannot sue an employer covered by workers’ compensation for workplace injuries.
- You may be able to recover pain and suffering damages through a third-party lawsuit.
- We are one of the few NYC law firms that handle both workers’ compensation and personal injury claims, and we are focused on providing a personalized experience with maximized results.
Why Workers’ Compensation Doesn’t Cover Pain and Suffering
Workers’ compensation is a compromise. Injured workers give up pain and suffering damages in exchange for prompt payment of benefits regardless of how the injury happened or who was at fault. Employers provide workers’ compensation coverage in exchange for liability protection.
Workers’ compensation is limited to wage replacement and medical care. It does not matter if the accident was your fault. You are normally eligible as long as the injury occurred at work and was caused by work activity, and you did not intentionally injure yourself. Certain other exceptions may apply.
The primary benefit to employers is that you cannot sue them for injuries that occur at work. Workers’ compensation insurance must provide coverage even if the employer is not at fault.
Losing the right to sue your employer means you cannot pursue pain and suffering damages in the event of a workplace accident, even though they can be significant. On the other hand, if your only remedy after a workplace injury were a personal injury claim, you would only receive compensation if you proved that someone’s actions caused your injuries. In complex cases, you could wait months or years to receive compensation, with no guarantee of a payout.
When Can Injured Workers Pursue Compensation for Pain and Suffering?
You may be able to file a third-party lawsuit after a workplace injury if someone other than your employer contributed to your injuries. Potential third-party defendants include owners of unsafe properties, manufacturers of defective products, negligent drivers, and contractors who violate safety regulations. For example, if you are a construction worker who fell because of defective scaffolding, you may be able to sue the scaffolding manufacturer.
Non-economic damages in a third-party lawsuit may include:
- Physical pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
Can You Ever Sue an Employer for a Work-Related Injury?
You can sue an employer for a work-related injury in very limited circumstances. For example, Section 11 of the Workers’ Compensation Law allows you to choose between suing your employer or filing a workers’ compensation claim if your employer fails to carry the required workers’ compensation insurance.
The Role of a Lawyer in Seeking Pain and Suffering Compensation
Recovering pain and suffering damages for a workplace injury requires in-depth knowledge of New York workers’ compensation and personal injury laws. Having a knowledgeable New York City personal injury lawyer on your side with experience handling workplace injury claims can ensure you receive the compensation you deserve. We are highly qualified to handle these claims and are one of the few law firms in the city that handle both workers’ compensation claims and personal injury lawsuits.
We will handle your workers’ compensation claim and investigate your accident to identify liable third parties. We provide personalized service and work to achieve maximized results—you will never feel like another file number at our firm. We will answer your questions and provide legal guidance through every step of your claim. No case is too challenging or complex for our experienced attorneys.
Contact Shulman & Hill to Protect Your Full Rights to Compensation
We have decades of combined experience and have recovered over $700 million in compensation for injured clients. The lack of coverage through workers’ compensation does not mean you don’t deserve compensation for pain and suffering. We are dedicated to helping you recover compensation, including for pain and suffering, from all available sources. Contact us or call (212) 221-1000 to schedule a free consultation.
Related Reading
- Four Things You Should Do After an Injury at Work
- How Long Does Workers’ Comp Last in New York?
- Do I Have To Be a U.S. Citizen To Receive Workers’ Compensation?
- Can You Lose Your Job While on Workers’ Compensation?
