Can I get pain and suffering?

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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
suffering?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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