In North Carolina, pain and suffering cannot be included in a workers’ compensation claim. Workers’ compensation can provide benefits including medical and rehabilitation expenses, and lost wages, but physical pain and emotional duress are not considerations in these claims.
While these are not considerations in a North Carolina workers’ comp claim, they are routine damages sought in a personal injury claims. However, a work-related injury may preclude you from filing a personal injury lawsuit, making the assistance of one of the experienced workers’ compensation lawyers from White & Stradley essential to determine what avenues you are legally entitled to pursue.
Proving Pain and Suffering
The best way to prove pain and suffering is through thorough documentation. Keep records of how you feel on a daily basis. Track how your physical pain and emotional struggles impact your ability to interact socially, in the workplace, and with your family. Include in your records any information about medications you are taking and any effects these medications have on your quality of life.
It is a good idea to keep records of medical expenses, out of pocket payments, and lost wages. These, too can add up and result in stress or other emotional damages. With this information, one of our North Carolina workers’ compensation attorneys can begin to determine the full amount of damages that should be requested.
Filing a personal injury claim for an on the job injury is very circumstantial. You may not be able to file a claim against your employer, but may still be eligible to hold a third party accountable for pain and suffering. During our investigation of your accident, we will determine who can be held responsible and fight to get you the maximum compensation you are due.
If you live in the areas of Proudly serving Winston Salem, Charlotte, Durham, Asheville, Greensboro, and Wilmington, North Carolina. and have experienced pain and suffering following an at-work injury, please contact White & Stradley, PLLC to schedule a free initial consultation today.