The role of pain in workers’ compensation claims

When a Massachusetts work accident results in a serious injury, you may be able to get workers’ compensation benefits through your employer’s insurance company. Workers’ compensation laws allow for specific types of compensation. If you are experiencing considerable or chronic pain after your work accident, you may wonder how pain and suffering factor into your claim.

According to FindLaw, you may be able to secure workers’ compensation benefits intended for medical care or replacement income, among other areas. However, you are not going to be able to secure workers’ compensation benefits for pain and suffering.

Third-party claims

When you receive workers’ compensation benefits through your employer, you may not then sue your employer for additional compensation. However, you may be able to seek compensation for pain and suffering following a work accident by filing a third-party personal injury claim.

Third-party claim examples

Say you are driving a work truck during work hours and someone rear-ends you, resulting in a serious injury. You may be able to receive workers’ compensation benefits to cover medical and other costs. However, you may also be able to pursue a personal injury case against the negligent driver who hit you. In doing so, you may make your argument for compensation for pain and suffering.

Similarly, say your work contracts with a cleaning company and that company leaves a puddle on the floor of your office building, causing you to fall. Under these circumstances, you may be able to pursue workers’ compensation from your employer and a personal injury claim against the cleaning company.

Your success in making your personal injury claim depends largely on your ability to prove that the third party was negligent and responsible for your injuries.