[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/drtedinjurylaw.com\/blog\/pain-and-suffering-through-workers-compensation\/#BlogPosting","mainEntityOfPage":"https:\/\/drtedinjurylaw.com\/blog\/pain-and-suffering-through-workers-compensation\/","headline":"Can You Get Pain and Suffering Through Workers’ Compensation?","name":"Can You Get Pain and Suffering Through Workers’ Compensation?","description":"If you get hurt on the job, you should be able to count on your employer to take care of you. It\u2019s bad enough that you\u2019re limited to the benefits offered under workers’ compensation. When your claim is denied, it must be frustrating. Our Wilmington workers’ comp lawyers know how you feel. They meet with […]","datePublished":"2022-10-25","dateModified":"2026-02-14","author":{"@type":"Person","@id":"https:\/\/drtedinjurylaw.com\/blog\/author\/drtedinjurylaw\/#Person","name":"Dr. Ted Injury Law","url":"https:\/\/drtedinjurylaw.com\/blog\/author\/drtedinjurylaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/14f7cc800041734c3aca325e17ea63d0c49748e9d8d5747966292ce2be53081c?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/14f7cc800041734c3aca325e17ea63d0c49748e9d8d5747966292ce2be53081c?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Dr. Ted Injury Law","logo":{"@type":"ImageObject","@id":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2025\/08\/Dr-ted-injury-law-logo-header-red.png","url":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2025\/08\/Dr-ted-injury-law-logo-header-red.png","width":210,"height":111}},"image":{"@type":"ImageObject","@id":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2026\/02\/pain-and-suffering-through-workers-compensation-blog-img.jpg","url":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2026\/02\/pain-and-suffering-through-workers-compensation-blog-img.jpg","height":334,"width":500},"url":"https:\/\/drtedinjurylaw.com\/blog\/pain-and-suffering-through-workers-compensation\/","about":["Workers\u2019 Compensation"],"wordCount":1078,"articleBody":"If you get hurt on the job, you should be able to count on your employer to take care of you. It\u2019s bad enough that you\u2019re limited to the benefits offered under workers’ compensation. When your claim is denied, it must be frustrating. Our Wilmington workers’ comp lawyers know how you feel. They meet with new clients every week who have been mistreated by their employer. Now, not only do they want workers’ comp benefits, but they also want to demand other damages.Nobody likes to be the bearer of bad news. However, our workers’ compensation attorneys in Wilmington think it\u2019s only fair to be upfront and honest with our clients. Rather than mislead you and let you think you can receive damages for pain and suffering through workers’ compensation, we make it clear from the start. These benefits are not available and there is no way you\u2019re going to receive them. You can only file a personal injury lawsuit against your employer if they acted grossly negligent or recklessly. Since this is very difficult (if not impossible) to prove in most cases, your best bet is to focus on getting better and accept the benefits offered to you through workers’ compensation.If you still have questions about your own workplace injuries, give us a call. We can easily schedule your free, initial consultation over the phone. Or you can do the same thing through our website.Your Workers’ Compensation Claim Must Be Approved FirstBefore you can even think about what benefits you\u2019ll receive, your workers’ compensation claim must first be approved. To do this, your Wilmington workers’ comp lawyer must demonstrate that you meet certain criteria. In North Carolina, as in most other states, you need to prove the following:Your injuries occurred on company time and on company propertyThe accident took place while the employee was acting within the scope of their normal employmentYou reported your injuries to Human Resources or your manager immediatelyYou were not under the influence of drugs or alcohol at the time of your accidentYou agree to be treated by a state-approved workers’ comp doctorYou participate in your treatmentFor the most part, many of the clients we represent do qualify for workers’ compensation. Their claim could\u2019ve been denied for a myriad of reasons. Perhaps they didn\u2019t notify their employer within a reasonable time. Or they may not have given a detailed account of what happened in their incident report.There Are Only 3 Types of Benefits Available Under Workers’ CompensationIf your workers’ comp claim is approved, you\u2019ll be entitled to three types of benefits. Obviously, you\u2019ll be entitled to medical care for your work-related injuries. This includes all medical treatment as well as physical therapy, doctors\u2019 co-pays, and prescription medications.The second type of benefit you\u2019ll be awarded are weekly replacement wages. These are equal to about 2\/3 of your average weekly wages. You\u2019ll receive these benefits until you are ready to return to work.Finally, the last kind of benefits you can avail yourself of are occupational rehabilitation or career training. While many of our clients don\u2019t need this help, it is there if you so choose.You\u2019ll notice \u2013 nowhere in this section did we mention damages for pain and suffering. This is because you aren\u2019t entitled to these damages under workers’ compensation in North Carolina.You Cannot Demand Pain and Suffering Under Workers’ CompensationAs unfair as it may seem, you will only receive the benefits highlighted above in your workers’ compensation case. You can\u2019t demand compensation for lost future income or property damage. Nor can you demand damages for pain and suffering. Even if you suffered a great deal, the workers’ compensation system isn\u2019t set up the same way as personal injury cases are. As much as your Wilmington workers’ comp lawyers wants to get you the compensation you deserve, they can only do so within the letter of the law.If Your Workers’ Compensation Attorney in Wilmington Thinks It\u2019s Warranted, they Can File a Lawsuit on Your BehalfIn very unique circumstances, your workers’ compensation attorney in Wilmington can file a personal injury suit against your employer. However, these cases are few and far between. In order to sue your employer civilly for damages sustained in a workplace accident, you have a big burden to overcome. Your attorney will need to prove that your employer acted recklessly or was grossly negligent. This is very difficult to prove. Not only will you have to show that your employer was aware of a dangerous condition at work, but you\u2019ll also have to demonstrate that they chose to ignore it.For example, imagine that you work with heavy construction equipment. You have been complaining to your site manager that a certain piece of machinery isn\u2019t working properly and you\u2019re afraid you\u2019ll get hurt. You even put your complaints into writing. Your manager tells you to stop complaining unless you want to get fired. As long as you have documentation of this, your workers’ compensation attorney in Wilmington may have a chance of collecting damages on your behalf.It\u2019s a Good Idea to Reach Out to an Experienced Wilmington Workers’ Comp Lawyer TodayIf you were hurt on the job and have been denied benefits, it\u2019s important that you contact our office. While nobody is guaranteed\u00a0workers’ compensation benefits, as long as you meet the criteria outlined above your claim should be approved. Our\u00a0Wilmington workers’ comp lawyers\u00a0meet with clients every week who thought their claim would be approved only to learn it was denied. We also meet with clients whose claim was approved, but who don\u2019t feel they have been fairly compensated.While it can be hard to explain how workers’ compensation is different from personal injury law, it\u2019s an important distinction to make. Under workers’ compensation, you\u2019re only entitled to the benefits outlined here. If you expect to receive other types of damages, you may be disappointed.We suggest you contact our office today so you can schedule your free, initial consultation. If you were hurt at work, there\u2019s a good chance you do deserve workers’ comp benefits. However, this doesn\u2019t mean you can demand damages for pain and suffering.Since your initial meeting is free, you have nothing to lose and everything to gain."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/drtedinjurylaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Get Pain and Suffering Through Workers’ Compensation?","item":"https:\/\/drtedinjurylaw.com\/blog\/pain-and-suffering-through-workers-compensation\/#breadcrumbitem"}]}]