The Blog

Why can’t I get any extra money for the poor way I have been treated by my job? My friend was injured in a car accident and got an award for “pain and suffering.” Can I get that in Workers’ Compensation?

The short answer is no. The Workers’ Compensation Act was designed to quickly help injured workers and enable them to obtain benefits while they recuperate after an injury. If you are unable to work in any capacity, your Employer is responsible for paying 2/3rds of your lost wages and for medical treatment you receive because of your work injury. To be eligible for workers’ compensation benefits neither you nor the employer need to be “negligent” or at fault. In other words, to obtain benefits you don’t need to prove your Employer did anything wrong that resulted in your injury. Your friend who was injured in the car accident does have to prove “negligence,” or fault of the other party in order to obtain money damages. Because an injured worker does not have to prove his Employer was at fault for his injury, the worker is not eligible for pain and suffering damages.