Many of our clients have questions about whether you can receive payment for pain and suffering as part of your workers compensation case in South Carolina. The short answer is no. You have likely heard of people who have auto accidents, slip and falls, and other types of civil claims receiving benefits for pain and suffering. In these types of civil law suits, you usually don’t receive anything from the defendants in your claim until the entire claim is settled. One of the trade-offs in workers’ compensation is that you receive no direct payment for pain and suffering but you do receive payment in admitted claims for medical benefits and wage loss benefits during your claim and most of the time, a settlement at the end of your case.
Workers Compensation Cases are heard by the South Carolina Workers Compensation Commission by an administrative law judge called a Commissioner. You do not go before a judge or jury. While you don’t receive direct payment for pain and suffering, pain is a component that a doctor is supposed to consider when assigning the permanent partial disability rating, so your loss of use and pain should be considered when your permanent impairment rating is assigned by the treating doctor.
If you think your rating is low, it is important to consult with an attorney who is experienced with Workers Compensation cases in South Carolina. Kristin Henriksen, of Cardinal Law Partners, is licensed to practice in South Carolina and handles Workers Compensation cases. If you have questions, give Cardinal Law Partners a call!