With very rare exceptions, workers in Illinois can only be financially compensated for their on-the-job injuries through the workers’ compensation system. If you have been injured on the job, you may have a lot of questions about the potential benefits available to you under this system. One of the most common of these questions is “Does workers’ compensation pay for pain and suffering?”
The answer is no. Common benefits for injured workers under the Illinois workers’ compensation benefits include the following:
- Payment for reasonable, related medical bills;
- Temporary Total Disability (TTD) payments, usually equal to two-thirds of a worker’s average weekly wage; and
- Permanent Partial Disability (PPD) benefits, which are intended to compensate workers for the permanent nature of their injuries, if applicable.
Under certain circumstances, there may also be additional workers’ compensation benefits available to you as an injured worker. For example, you may be eligible for vocational training, if you need to change professions because of physical limitations, maintenance benefits, which should not be less than your TTD rate and should also include the costs and expenses incidental to your vocational training program, and wage differential benefits, to offset the economic impairment of the reduced wages that you are able to earn at a new job that is different from the one that you can no longer do because of your work injury.
The workers’ compensation system does NOT, however, take a worker’s pain and suffering into account. In a traditional personal injury lawsuit, an injured person might be able to include pain and suffering as part of his or her damages, but Illinois workers’ compensation law bars injured workers from suing their employers.
In general, workers’ compensation settlements take into account the permanency of a worker’s injuries, loss of future earnings, and loss of profession, but there is no workers’ compensation pay for pain and suffering stemming from on-the-job injuries.
If There Is No Workers’ Compensation Pay for Pain and Suffering, How Can I Help My Claim?
While workers’ compensation will not pay for pain and suffering in Illinois, there are other benefits potentially available to you under the workers’ compensation system in the state. To help maximize the value of their workers’ compensation claims, many injured workers seek out the guidance of an experienced attorney, such as the Chicago workers’ compensation attorneys at GWC Injury Lawyers.
With over $2 Billion recovered for our clients and offices throughout the state, GWC is Illinois’ largest Workers’ Compensation and Personal Injury law firm.