Does Workers’ Compensation Pay for Pain and Suffering in NC?

If you have been injured while working and plan to claim workers’ compensation benefits, you may wonder, “Does workers’ compensation pay for pain and suffering in NC?” While North Carolina enforces strict rules pertaining to workers’ compensation, there are limits to what this insurance can provide. It’s important to know what to expect from your case and the value of having an attorney’s assistance as you seek your workers’ compensation benefits.

Does Workers’ Compensation Pay for Pain and Suffering in NC?

The short answer to this question is no, workers’ compensation does not pay for pain and suffering in North Carolina. The purpose of this insurance is to provide a financial safety net to an injured worker, providing them with compensation for their medical expenses and the income they are unable to earn while they recover. This insurance works on a no-fault basis; as long as the injury happens at work, the victim is likely eligible to file a claim.

However, it does not mean that you are entirely unable to recover pain and suffering compensation for a workplace injury in North Carolina. While your employer’s workers’ compensation insurance may not cover this, you could have grounds to file third party personal injury suit against the specific party responsible for causing your injury. You may have more options available than you realize at first, so it’s vital to consult an attorney right away.

While you do not need to prove fault to file a workers’ compensation claim in North Carolina, and most employers are protected from civil liability for their injured workers’ damages, you may be able to seek legal recourse outside of the workers’ compensation system if any third party is responsible for causing your injury. Your attorney can help you determine whether you have grounds for such a case and, if so, help you pursue compensation for your damages.

Building a Third-Party Personal Injury Case in North Carolina

According to the Bureau of Labor Statistics, there were about 68,600 nonfatal workplace injuries reported by private employers in North Carolina in 2023. Nearly 41,000 of these injuries were considered severe. Some involved catastrophic harm, such as spinal cord injury, amputation injury, or work injuries requiring surgery.

Many of these injuries are extremely painful, and while you may assume that your employer’s workers’ compensation insurance should cover your physical pain and psychological suffering after a work-related injury, alternative legal avenues are often necessary for recovering pain and suffering compensation in these situations. Even if your injury caused a permanent disability, workers’ compensation insurance is unlikely to provide pain and suffering compensation.

It’s possible for workplace injuries to happen in various ways, and most workers’ compensation claims are filed on a no-fault basis. This means the injured worker does not need to prove fault to recover benefits; they simply need to show that the injury happened while they were working in good faith. However, if a specific third party caused the injury, they could have grounds to file a personal injury case that would allow them to recover compensation for pain and suffering.

Success with any personal injury case in North Carolina requires proving fault. The victim must identify the party who caused their injury, prove how they caused it, and then show the full extent of the resulting damages. Additionally, the plaintiff cannot bear any shared liability under North Carolina’s contributory negligence law; otherwise, they are barred from claiming compensation from the defendant.

It’s vital to hire a workers’ compensation lawyer after any workplace injury in North Carolina. Even if you only have grounds to file a workers’ compensation claim, you will need an attorney’s help to maximize your chance of securing a fair determination of benefits. This is especially true if you face denied workers’ compensation benefits from the insurance company.

If you have grounds for third-party claims, such as a personal injury case following a plant accident & explosion or construction incident, an attorney is an essential asset. Families of workers who tragically lose their lives may also qualify for death benefits. With experienced legal guidance, you’re more likely to maximize your recovery.

FAQs

The team at The Sumwalt Group Workers’ Comp and Trial Lawyers has decades of experience helping injured workers in North Carolina navigate the workers’ compensation claim filing process and the additional legal proceedings they face after work-related injuries. If you have questions about your situation, you need to hire a workers’ compensation lawyer you trust to guide you to a positive outcome in your case. Contact us today and schedule a free consultation with our team to get started.