Does Workers' Comp Pay for Pain and Suffering in New York?

No, but you may have other options to recover compensation for pain and suffering

The physical pain from a work injury is just one facet of the damage injured workers endure. Beyond the physical discomfort, there is often a significant emotional toll, including stress, anxiety, and depression, which traditional workers' compensation does not typically cover.

However, workers in New York may be entitled to compensation for pain and suffering if they pursue a personal injury lawsuit, especially if a third party is responsible for their injury. A New York workers’ compensation lawyer can assist by evaluating the case, gathering evidence of the emotional impact, and pursuing additional claims to ensure that workers receive comprehensive compensation for both their physical and emotional suffering.

If you were injured in a New York accident at work, you must understand the full range of compensation and benefits available to you. Contact Pasternack Tilker Ziegler Walsh Stanton & Romano LLP for a free case evaluation to learn more about your legal rights and options.

What does workers’ compensation pay for in New York?

Workers' compensation is a program designed to support employees who suffer job-related injuries or illnesses. If you’re hurt while performing your job duties, this system provides financial and medical benefits to help you recover. It covers the costs of medical treatments, such as doctor visits and surgeries, and compensates for lost income while you’re unable to work.

If the injury leads to a permanent disability, workers' compensation offers benefits for that as well. It also provides assistance to help you return to work or find new employment if necessary. In return for these benefits, employees typically agree not to sue their employer for their injury or illness.

What is pain and suffering compensation?

A worker injured on the job might seek compensation for pain and suffering because the injury can cause significant physical and emotional distress. While workers' compensation primarily covers medical expenses and lost wages, it does not traditionally include compensation for pain and suffering, which is often pursued through personal injury lawsuits.

Pain and suffering compensation addresses the non-economic impacts of an injury, such as:

Physical pain. The ongoing discomfort and pain associated with the injury or its treatment.
Emotional distress. Anxiety, depression, or emotional turmoil resulting from the injury, its effects on daily life, or its impact on the worker's mental health.
Reduced quality of life. The injury may affect the worker's ability to enjoy life or participate in activities they previously enjoyed.
Loss of enjoyment of life. The injury could lead to permanent changes in lifestyle or capabilities, diminishing overall life satisfaction.

Although workers' compensation in New York does not directly cover these aspects, some injured workers may pursue additional legal action to seek compensation for pain and suffering if their case falls outside the typical workers' compensation framework or if they can show that a third party was responsible for their injury.

Work injuries that may be eligible for pain and suffering compensation

Certain industries are more prone to severe work injuries that may qualify workers for pain and suffering damages. For instance, construction, manufacturing, and transportation are high-risk sectors where workers frequently encounter hazardous conditions. Injuries in these fields, such as severe falls, machinery accidents, or exposure to harmful substances, can result in significant physical and emotional suffering and trauma.

Work injuries most likely to be entitled to pain and suffering compensation typically involve severe or permanent damage that significantly impacts a worker's quality of life, such as:

Catastrophic injuries. Severe injuries such as spinal cord injuries, traumatic brain injuries, or severe burns that result in long-term or permanent disability.
Loss of limb or function. Injuries leading to the loss of a limb or significant loss of function that affect daily living and personal independence.
Chronic pain conditions. Long-term or chronic pain resulting from the injury, which can cause ongoing physical discomfort and emotional distress.
Psychological impact. Injuries that lead to significant psychological issues such as depression, anxiety, or post-traumatic stress disorder (PTSD).

In these cases, compensation for pain and suffering may be pursued through a personal injury lawsuit or if a third party is found to be liable for the injury.

Legal options to pursue pain and suffering for a NY work injury

A worker injured on the job in New York seeking compensation for pain and suffering may explore several legal options, including:

Personal injury lawsuit. If a third party — such as a contractor, equipment manufacturer, or another company — is found to be responsible for the injury, the worker can file a personal injury lawsuit against them. This route allows for claims that include compensation for pain and suffering, beyond what workers' compensation typically covers.
Third-party claims. Even if the injury occurred at the workplace, if another party's negligence contributed to the accident (e.g., a defective machine from a different company), the worker may file a third-party claim. This claim can include damages (legal term for financial compensation) for pain and suffering in addition to any workers' compensation benefits.
Employer liability. In rare cases, if the employer's negligence is extreme and not covered by standard workers' compensation laws, the worker may pursue legal action against the employer. This usually requires proving that the employer's actions were grossly negligent or intentionally harmful.
Workers' compensation appeals. While traditional workers' compensation does not cover pain and suffering, if there is a dispute about the extent of the injury or the compensation provided, a lawyer can help appeal the decision and potentially negotiate for better benefits, though this will not include pain and suffering directly.

New York lawyers with personal injury and workers' compensation experience are well-positioned to guide injured workers through these options, help gather necessary evidence, and build cases seeking additional compensation for pain and suffering.

Consult a NY work injury lawyer to understand your rights and options

To effectively pursue pain and suffering compensation after a work-related injury or illness in New York, start by consulting an experienced work injury lawyer with a track record of success.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we can evaluate your case, determine if a third party's negligence contributed to your injury, and advise on the best legal strategy.

If applicable, our New York work injury attorneys can help you file a personal injury lawsuit or a third-party claim to seek compensation beyond what workers' compensation covers. We know how to effectively document the impact of your injury on your life and represent you in negotiations or court proceedings to demand the full compensation you deserve.

If you were injured in a New York work accident, contact us for a free case evaluation. A member of our legal team is available 24/7 to hear from you. There is no obligation to hire us; just information you can trust from a law firm with more than 90 years of experience fighting for injured workers’ rights in New York.

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