Are pain and suffering damages included in Georgia workers' compensation benefits?

Unfortunately, no. Although workers' compensation offers a number of benefits for individuals injured while fulfilling the duties of their employment, compensation for pain and suffering damages isn't among them.

This is because, like most states, Georgia's workers' compensation system only provides benefits related to an injured employee's economic losses.

These benefits include:

• Medical treatment. If you were hurt on the job, your employer's workers' comp insurer should pay for all authorized medical treatment related to your workplace injury, including appointments with doctors or specialists, hospital stays, surgical procedures, prescriptions, physical therapy, and medically-necessary travel expenses.
• Wage replacement payments. If you're unable to work for more than seven days due to your injury, you may be entitled to weekly income benefits of two-thirds of your average weekly wage up to a maximum of $675 per week (as of 2019). If you were out of work longer than 21 consecutive days, you'll also be paid for the first week you were absent. Depending on the circumstances of your injury, these benefits may continue for up to 400 weeks. Additionally, if you return to work and are forced to take a lower-paying position, you may be eligible for reduced-income benefits that last for up to 350 weeks.
• Vocational training. If your injury prevents you from performing the job you used to do, workers' compensation can help you find another position in your field, or provide vocational training so you can learn to do a job in a different industry.
• Death benefits. If you die as a result of a workplace injury, your surviving spouse, children, or dependent stepchildren are entitled to death benefits of two-thirds of your average weekly wage—up to $675 as of 2019—per week.

In most cases, if you were injured on the job in Georgia, workers' compensation is your sole legal remedy. However, if your work-related injury was caused by an employee from another company, you may have grounds for a third-party personal injury lawsuit. In addition to economic damages, personal injury lawsuits also allow you to pursue compensation for non-economic losses like pain and suffering.

Consult an Experienced Georgia Attorney

Want to learn more about your rights after a workplace injury? Contact Rechtman & Spevak today to schedule an appointment for a free initial consultation.