Can You Recover Pain And Suffering Damages In A Workers’ Compensation Claim In Vermont?

A work-related injury can cause a significant amount of pain, both physically and mentally. If you sustained a work injury that left you with debilitating pain that can’t allow you to do what you could before you sustained the injury, you might feel entitled to compensation to cover for that pain and suffering. But can you recover compensation for the pain and suffering caused by your work injury in a Vermont workers’ compensation claim in Vermont? Under the limitations of workers’ compensation, you can’t recover compensation for the pain and suffering caused by your work injury. However, if you are eligible to file a personal injury claim, you can consider filing the claim and seeking compensation for pain and suffering. 

Types of Damages Available in a Vermont Workers’ Compensation Claim 

After a worker suffers a work injury in Vermont and files a workers’ compensation claim, the following are the benefits they may recover; 

• Medical benefits 
• Temporary disability benefits/Wage replacement benefits 
• Permanent disability benefits 
• Vocational rehabilitation benefits 

Temporary disability benefits are categorized into two. There are temporary total disability benefits and temporary partial disability benefits. You are entitled to TTD benefits if you can’t work for four days or more. On the other hand, you are entitled to TPD benefits if your physician releases you back to work but not on a full-time basis. There are also two types of permanent disability benefits. They are permanent total disability benefits and permanent partial disability benefits. You are entitled to PTD benefits if you sustain a permanent injury that hinders you from resuming regular gainful employment. On the other hand, you are entitled to PPD benefits if you have a permanent injury that impairs your ability to function but doesn’t “totally” disable you. 

What Is Pain and Suffering? 

These are the negative effects an injury has on your physical, mental, and emotional well-being. Such physical, emotional, and mental discomfort is compensable in a personal injury claim. In a personal injury claim, pain and suffering damages fall under non-economic damages. 

Typically, pain and suffering damages are aimed at compensating you for the experience of issues like anxiety, chronic physical pain, depression, PTSD, and loss of enjoyment of life. They are not meant to compensate you for the associated costs. Pain and suffering damages are intended to make you “whole” rather than cover specific monetary losses.   

You Are Not Barred From Pain and Suffering Compensation 

Workers’ compensation does not cover non-economic damages like pain and suffering. However, you are not barred from recovering pain and suffering damages. If a third party’s negligence is to blame for your injury, you can file a personal injury claim and seek pain and suffering damages and other non-economic damages on top of seeking economic damages like lost wages and medical expenses. Examples of third parties include a premises owner, a contractor, a subcontractor, a product manufacturer, or a negligent driver. 

If you believe that a third party’s negligence caused your injury, it is in your best interests to speak to an attorney as soon as possible. 

Contact a Vermont Workers’ Compensation Attorney 

If you’ve suffered a work injury and want to ensure you recover the compensation you are eligible to receive, contact our experienced Vermont workers’ compensation attorney at Sluka Law PLC. We can help you understand and explore all your options.  

Source:

law.cornell.edu/wex/pain_and_suffering#:~:text=Pain%20and%20suffering%20refers%20to%20the%20physical%20discomfort%20and%20emotional%20distress%20that%20are%20compensable%20as%20noneconomic%20damages.%20It%20refers%20to%20the%20pain%2C%20discomfort%2C%20anguish%2C%20inconvenience%2C%20and%20emo