Can You Get Pain and Suffering for a Work Injury in Massachusetts?

Work-related injuries might leave you with serious expenses for medical treatment. It might also take a significant mental and physical toll. Depending on what kind of legal action you pursue, you might claim damages for your pain and suffering.

Damages for pain and suffering might be available in work injury cases, depending on how you and your lawyer decide to take legal action. If you file a Workers’ Compensation claim, certain non-economic damages might be available, but none specifically for pain and suffering. If you decide to file a personal injury lawsuit, damages for pain and suffering are available. Talk to your lawyer about which option works best for you and whether both options are available. We need evidence of the accident and your injuries to prove damages for pain and suffering. The evidence should indicate that you experienced some degree of physical pain and emotional or mental distress. In a personal injury claim, non-economic damages are typically not capped by statute. In Workers’ Compensation claims, non-economic damages are determined by statute.

Speak to our Boston work injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case evaluation.

Are Damages for Pain and Suffering Available in Massachusetts Work Injury Cases?

When someone is injured on the job, they might have a couple of legal options for compensation. In many cases, Workers’ Compensation is not only available but also required by law. Only under very specific circumstances may an injured worker circumvent these rules and file a personal injury claim against their employer. Our Massachusetts work injury lawyers can assist you in determining which options are available and work best for your situation.

Workers’ Compensation

Many work-related injuries are resolved through Workers’ Compensation. This is because Workers’ Compensation is often the sole legal remedy available to injured employees. According to Mass. Gen. Laws Ch. 152 § 24, employees waive their rights to take other legal action, such as filing a personal injury claim, unless they give written notice to their employer stating they are not waiving this right.

If you must file a Workers’ Compensation claim to get fair compensation for your injuries, certain non-economic damages are available. However, these damages are not directly related to pain and suffering. Instead, compensation might be available for specific injuries that leave workers disfigured or disabled.

For example, you may receive a one-time payment for certain disfiguring injuries, such as losing a limb or injuries that impair your vision or hearing. This is in addition to the medical expenses necessary to treat those disfiguring injuries. However, damages specifically for pain and suffering are not usually available.

Personal Injury Lawsuits

In certain cases, injured workers can get around the Workers’ Compensation rules and file personal injury lawsuits where a wider variety of damages, including those for pain and suffering, might be available.

If your employer does not carry the necessary insurance to cover a Workers’ Compensation claim or they intentionally caused the accident that caused your injuries, you may file a lawsuit against them. You might instead sue a third party who played a role in causing your accident. You can also sue third parties not directly connected to your employer.

Talk to our attorneys about how your accident happened and whether your employer carries the right insurance. If we can file a personal injury lawsuit, we can claim damages for pain and suffering. Not only that, but we can help you claim numerous other non-economic damages.

For example, in a work injury case, the plaintiff might claim non-economic damages for humiliation if they were in an embarrassing accident in front of their peers and colleagues. They might also sue for damage to their professional reputation within their field of work.

How to Prove Damages for Pain and Suffering in a Massachusetts Work Injury Case

Proving damages for pain and suffering requires evidence. Since these are non-economic damages, they are highly subjective and not directly tied to any specific sum of money. We need evidence that shows that your injuries and the experience of the accident caused serious pain and trauma.

We can start by getting copies of your medical records regarding your injuries. Your records might be a good indication of the severity of your injuries. If necessary, a medical expert can review the records and testify about them in court. In other cases, the injuries are so obviously serious that jurors can reasonably infer the magnitude of your pain.

You should also think about testifying on the witness stand about your pain and suffering. Not all evidence can be held up in front of a jury. You might have to explain the pain and trauma you felt. You can also elaborate on how your pain and suffering have impacted your quality of life since the accident.

Are Damages for Pain and Suffering Limited in Work Injury Cases in Massachusetts?

Damages for pain and suffering are not limited in personal injury claims. However, non-economic damages available in Workers’ Compensation claims must be calculated according to specific statutes.

In personal injury claims, the jury usually has the final word on how much compensation damages for pain and suffering are worth. Generally, the more severe your pain and deeper your suffering, the greater your damages should be. The value of non-economic damages is sometimes a good indicator of the value of non-economic damages. If your injuries were very costly, the jury might be more inclined to award greater damages for pain and suffering.

Damages available in Workers’ Compensation claims for specific injuries are calculated according to Mass. Gen. Laws Ch. 152 § 36(1). These damages are usually based on your average income and a multiplier figure designated by the statute. For example, if your injuries involved the amputation or loss of use of the major arm, you may be awarded damages equal to your average weekly wage multiplied by 43. While these damages are not awarded for pain and suffering, they can sort of be thought to account for the pain and suffering one might feel after losing an arm.

Speak to Our Massachusetts Work Injury Attorneys for Help Today

Talk to our Milton, MA work injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case evaluation.