Health Care

What about pain and suffering in SC?

businessman in blue jacket giving form for compensation claim to
megan October 4, 2021

This is a very common question!  Most people have heard this term for motor vehicle accidents, medical malpractice and slip and fall claims.  Workers Compensation claims are adjudicated by South Carolina Workers Compensation Commission which is an administrative area of the law.  That means you do not have a jury trial when you go to court, your case is decided by a Commissioner.

Unfortunately, you cannot bring a claim for pain and suffering in a South Carolina workers compensation case.  Although you can’t bring a claim for pain and suffering, there are positives to having a workers compensation claim.  Instead of receiving payment for your injuries only at the end of your case as in many civil claims, you are eligible to receive payment for lost wages and medical treatment during the course of your case if your case is accepted by the insurance carrier.

Additionally, although you can’t bring a claim for pain and suffering, loss of function and pain is something that your doctor should take into consideration when assigning work restrictions and a permanent impairment rating.