Can I get pain and suffering?

UPDATED: Oct 1, 2022

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Can I get pain and suffering?

I was pinned to a wall by a van at work. It was a work
van with an employee driving it. Lucky my bones
didnt break but they are very badly bruised and I
cant walk properly. Workmens comp is paying
medical and wages but does the personal injury
insurance on the van have to pay me pain and

Asked on June 29, 2019 under Personal Injury, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. Worker's compensation does not ever pay for "pain and suffering." That's part of the trade-off inherent in worker's compensation: you get less money than you could have potentially gotten if you had opted out of worker's comp and sued, but on the other hand, you get the money much faster, and 100% guaranteed (lawsuits are not guaranteed; you could sue and lose), and without the cost involved in a lawsuit. So there are substantially positives to worker's compenstion, but to get them, you give up the ability to collect pain and suffering.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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