[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.attorneync.com\/blog\/workers-comp-pay-for-pain-and-suffering\/#BlogPosting","mainEntityOfPage":"https:\/\/www.attorneync.com\/blog\/workers-comp-pay-for-pain-and-suffering\/","headline":"Does Workers Comp Pay for Pain and Suffering?","name":"Does Workers Comp Pay for Pain and Suffering?","description":"If you are injured on the job, you may ask, \u201cWill workers\u2019 comp pay for pain and suffering?\u201d Workers\u2019 compensation insurance in North Carolina does not provide compensation to injured workers for pain and suffering.\u00a0 However, workers\u2019 compensation does provide benefits for economic losses related to your work injury, such...","datePublished":"2025-03-26","dateModified":"2025-06-24","author":{"@type":"Person","@id":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/#Person","name":"Robert C. Younce, JR","url":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/","identifier":42,"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Younce, Vtipil, Baznik & Banks P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","width":390,"height":107}},"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2025\/03\/does-workers-comp-pay-pain-and-suffering.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2025\/03\/does-workers-comp-pay-pain-and-suffering.png","height":366,"width":500},"url":"https:\/\/www.attorneync.com\/blog\/workers-comp-pay-for-pain-and-suffering\/","about":["Workers compensation"],"wordCount":1069,"articleBody":"If you are injured on the job, you may ask, \u201cWill workers\u2019 comp pay for pain and suffering?\u201d Workers\u2019 compensation insurance in North Carolina does not provide compensation to injured workers for pain and suffering.\u00a0 However, workers\u2019 compensation does provide benefits for economic losses related to your work injury, such as medical treatment and a portion of your lost wages. If you have been injured on the job, an experienced workers\u2019 compensation lawyer can help you understand the benefits available to you under North Carolina law.Typical Workers\u2019 Compensation Coverage in North CarolinaThe North Carolina Industrial Commission administers the Workers\u2019 Compensation system. An experienced workers\u2019 compensation lawyer can review your workplace injury and advise you whether you are entitled to claim the following workers\u2019 comp benefits:Medical coverage \u2013 As an employee, you may be eligible for coverage of necessary medical treatment related to your work injury or condition, including money for hospital bills, prescriptions, and any medical equipment you may need.Lost wages \u2013 Workers\u2019 comp may provide weekly payments to cover two-thirds of your weekly wages while your work-related injuries prevent you from working. However, no compensation will be paid for the first seven days you miss work unless your disability exceeds twenty-one days. If you miss less than twenty-one days, you can receive compensation for your missed days beginning on day eight of your absence from work. Lost wage benefits include temporary total disability (TTD) and temporary partial disability (TPD). TPD benefits pay two-thirds of the difference between your pre-injury wages and current wages. TTD benefits may be paid for up to 500 weeks. However, if your disability continues beyond that, you may apply to have that period extended.Vocational rehabilitation \u2013 If you have not returned to work or you are earning less than 75% of your average weekly wage and receiving benefits, you can request vocational rehabilitation services (retraining at a North Carolina community college or university) as long as it is reasonably likely to increase your wage-earning capacity.Death benefits \u2013 If your family member died due to the injuries they suffered on the job, you can receive death benefits as the spouse or a dependent in the amount of two-thirds of the worker\u2019s average weekly wage for a specified amount of time. The death benefits also include money for the decedent\u2019s funeral and burial expenses up to $10,000.What Is Pain and Suffering?Workers\u2019 compensation insurance does not provide benefits for pain and suffering.Pain and suffering is a type of compensation that may be sought when filing a personal injury lawsuit. In addition to physical pain, pain and suffering covers:AnxietyLoss of enjoyment of lifePhysical disfigurementEmotional distressDepressionPost-traumatic stress disorderA personal injury lawsuit is a separate legal matter from filing a workers\u2019 compensation claim.Injured workers who are eligible for workers\u2019 compensation benefits in North Carolina are generally prohibited from filing a personal injury lawsuit. Lawsuits are allowed only in special cases in which someone other than the employer was at fault for the accident.For example, if a piece of defective industrial machinery injures a worker, the worker may bring a personal injury lawsuit against the manufacturer of the machinery, seeking compensation for various losses, including pain and suffering.Differences Between North Carolina Workers’ Comp and Personal Injury ClaimsIt\u2019s important to understand the difference between workers\u2019 comp claims and personal injury claims.Workers\u2019 Compensation\u00a0In North Carolina, nearly all\u00a0employers\u00a0are required to carry workers\u2019 compensation insurance to protect workers. If an employee is injured on the job, workers\u2019 comp is available to provide medical benefits and replacement of lost wages. An injured worker is entitled to workers\u2019 compensation benefits without having to prove anyone was negligent in the accident. Worker\u2019s compensation is intended as the exclusive remedy.Although workers\u2019 comp does not cover pain and suffering related to the accident, it does cover medical expenses, including treatment and prescriptions, lost wages, temporary disability benefits, and even permanent disability benefits if you are permanently unable to return to work.Personal InjuryPersonal injury claims differ from workers\u2019 comp claims because you have to prove that someone else was at fault to receive compensation.In a personal injury claim, you can recover economic and non-economic losses related to your accident. Examples of economic losses include medical expenses and lost income. Non-economic losses include pain and suffering, and diminished quality of life. If you are entitled to file a personal injury lawsuit, your attorney can place a value on your emotional distress, pain and suffering, and loss of enjoyment of life.When Can Employees File a Personal Injury Claim for Pain and Suffering?You can file a personal injury lawsuit if a third party (not your employer) caused your workplace injury. For example, if you are injured when a piece of equipment malfunctions, you may have a cause of action against the product manufacturer. If a vehicle driven by a vendor on a construction site hits you, your attorney may advise you to file a personal injury lawsuit against that vendor\u2019s company.Call Our Experienced Workers\u2019 Compensation Attorneys for HelpFor more than 24 years, the workers\u2019 compensation attorneys at\u00a0Younce, Vtipil, Baznik & Banks, P.A.\u00a0have served the residents of North Carolina. When you retain a lawyer from our firm, you will receive the compassionate care and personal attention that you need to move forward. We have fluent English and Spanish-speaking staff members who can assist you.We do not have multi-million dollar verdicts, but our\u00a0results demonstrate our experience handling workers\u2019 compensation and personal injury cases.\u00a0Ken Wilhem\u00a0enjoyed working with our firm, specifically Mr. Vtipl: \u201cHad a great experience working with David Vtipl and would highly recommend this law firm to anyone in need of legal representation.\u201d Click on our case results\u00a0to see what other former clients have to say about our legal services.We are pleased to offer free case evaluations. Please contact us at 919-661-9000 to get started with your case.About the AuthorRobert C. Younce, JRRobert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers\u2019 compensation law. He has tried over 100 workers\u2019 comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers\u2019 compensation law since 2001."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.attorneync.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Does Workers Comp Pay for Pain and Suffering?","item":"https:\/\/www.attorneync.com\/blog\/workers-comp-pay-for-pain-and-suffering\/#breadcrumbitem"}]}]