You were hurt on the job. It has caused you much more than your physical pain. You may have been traumatized by the incident, face daily inconveniences, and simply cannot live the life you did before your work injury. You are not entitled to damages for pain and suffering in NC under workers’ compensation laws. But why?
The reasons why may surprise you.
Prior to the robust body of law known as the Workers’ Compensation Act, personal injury law governed workplace injuries, which is basically general negligence laws. If an employee was hurt on the job, it was their responsibility to seek compensation from the employer by proving the employer was negligent. Essentially an injured employee had to prove some amount of fault/negligent actions on the part of the employer. That also meant, since NC has contributory negligence, if the employee was any percentage at fault, they may not recover a dime. If an employee could establish negligence, then they may seek damages for pain and suffering.
Following nationwide reform, North Carolina sought to eliminate these hurdles and protect both parties’ interests by moving away from personal injury liability and recovery. Basically, workers’ compensation is a “no fault” type of claim presently. While this meant the elimination of pain and suffering as a recoverable damage for injured workers, it afforded significant protections and advantages for employees.
Now, employees who may be some degree at fault (or somewhat negligent) for a workplace injury can still be compensated in most instances. North Carolina has a no-fault system, meaning even if you caused the accident, you can still be compensated. The unpredictability, expense, and difficulty of proving employer negligence was eliminated in favor of a clear and definite process: what we now know as modern-day workers’ compensation. The hope with this reform, in part, was that employees could more expeditiously be compensated and have their medical care paid for while they await a final determination of their claim. Employers can also rest easy knowing they are not faced with costly litigation and significant pain and suffering damages. So, while pain and suffering damages are not available, the peace of mind of knowing negligence/fault is not a requirement, likely makes more claims pursuable and more Plaintiff’s recover. Keep in mind though, many cases are still denied and even if your case is not denied, this does not mean your rights are protected without an attorney. Call Shankle Law Firm for a free consultation.
You may ask, are there any situations where you may get pain and suffering from a workplace accident? While damages for pain and suffering are unavailable for a workers’ compensation claim, they are alive and well in traditional personal injury cases. With many workers’ compensation claims also arise personal injury claims. Perhaps you were in a car accident at work and the other driver was at fault, or the manufacturer of the equipment you were using was negligent: both of these situations describe dual claims. Thankfully, Shankle Law Firm is experts at dealing with these sorts of legal issues.
If you have been injured at work and think you may have a dual claim, we would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. At Shankle Law Firm, we can help educate you on your rights, as well as other components surrounding your injury and treatment.