When you’re hurt on the job, the financial and emotional toll – on top of the physical – can feel overwhelming. With medical bills piling up and the stress of recovery looming ahead, it often raises questions about what kind of compensation you might be entitled to receive.
In personal injury cases, damages are typically categorized into two types: economic (measurable costs like medical expenses) and non-economic (damages not easily quantifiable, such as pain and suffering).
While these are normal damages to seek in personal injury cases, how do they apply in the world of workers’ compensation? Can you pursue both, or are the benefits limited?
What are Economic Damages?
Economic damages refer to quantifiable losses, those with a financial component or a monetary amount attached to them. In terms of workplace accidents, they can be precisely calculated based on bills, pay stubs, or other means of financial documentation.
Examples of economic damages that can be associated with a workplace injury may include:
- Medical expenses
- Lost wages
- Rehabilitation services
- Loss of earning capacity
- Loss of employment
- Death benefits (in the event the workplace injury proved fatal)
- Disability benefits
Economic damages are an overarching term, and while these examples are some of the most common, anything that results in a monetary loss may be covered under this heading.
What are Non-Economic Damages?
Not every loss experienced in the aftermath of a workplace injury can be calculated – some can only be felt.
Non-economic damages refer to the intangible losses one experiences due to their injuries. These damages may include the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (refers to the companionship of a spouse)
- Disfigurement or physical impairment
Since these types of damages don’t have a dollar amount attached to them, they can prove to be more challenging to quantify and thus become more difficult when it comes to receiving adequate compensation.
Can You Seek Pain and Suffering Benefits in a Workers’ Compensation Claim?
Under South Carolina workers’ compensation laws, benefits do not include pain and suffering or further non-economic damages.
But why?
Workers’ compensation insurance is a mutually beneficial relationship for both employees and employers. Operating under a no-fault system, meaning that regardless of whether the employee’s actions resulted in their workplace injury, they are still eligible to receive quick compensation for medical bills and loss of wages.
The quick compensation benefits and no-fault system are beneficial to employees, and the employer benefits from this agreement because the worker becomes ineligible to sue the employer for damages.
The emotional distress and anguish under the skin’s surface, however, is not something to be ignored.
Seeking Non-Economic Damages with Help from a Workers’ Compensation Attorney
If you were injured in a workplace accident and believe you are entitled to non-economic damages, there is a way to seek compensation – a third-party lawsuit.
Filing a third-party personal injury lawsuit allows you to seek damages outside the realm of workers’ compensation benefits.
Reasons to file a third-party lawsuit may include injuries resulting from defective equipment, accidents at off-site locations, or job-related deliveries that led to accidents and injuries, as well as injuries caused by contractors’ actions.
Our team of workers’ comp lawyers near you can help you determine if a third-party lawsuit is possible given your specific circumstances and help you seek the compensation you deserve.
Consult with a Workers’ Comp Lawyer to Seek the Benefits You Deserve
At Hoffman Law Firm, our mission is to provide you with representation you can count on, helping you receive the full benefits, compensation, and justice you deserve.
With offices in Georgetown, SC, and Charleston, SC, our personal injury law firm supports accident victims throughout the Palmetto State. As the leading workers’ compensation lawyers in Charleston and Georgetown, we have established a reputation for success and exceptional service.
Schedule your free consultation today with a personal injury attorney in Charleston or Georgetown, SC, and we will take it from there.
